The Research On The Implement Mechanism Of Environmental Law For The Rural

In history, our country social system implement a dualistic structure, that is to say, our country usedrespectively two different management system in urban and rural areas our country often has the purpose ofpursuing the rapid development of economy, and urban areas are often the industrial rendezvous, so thecountry often let the city as the base to develop its economy, country pay attention to the cities economicdevelopment, and at the same time also respect the environment of the city, so that effectively controlledthe city environmental degradation.However, the rural environment problems revealed a deterioratingsituation, it mainly reflects the following several aspects: surface source pollution increase caused byagricultural production; the township enterprise, and industrial pollution point source highlights; solidwaste, the life wastewater pollution aggravation and the transfer of the pollution from the city to thecountryside has accelerated etc.Rural area has the situation of the coexist of the point source pollutionand non-point source pollution, pollution situation and coexistence of cross.The current rural environmentand accelerated deterioration restricts the economic development and hazard the public health it hasbecome the significant problems which cause widespread concern of the country. The government look upto city and down on rural in the policy, economic, and legislation e practice of the city light whichagainst the law of the basic value in theory, such as fair and justice, that is the residents of the environmentright reflected in the environmental protection law. With the worsening of rural environmental problems,the government has also recognized the seriousness and the urgency of the rural environmental protectionand attention has been gradually will transfer to rural areas and pay more attention to the ruralenvironmental problems.The current environment protection law was formulated in1989, when is the background of theplanned economy system, the protection of the deteriorating state of the environment in the rural now looksthe spirit is willing, but the flesh is weak. And this situation has the following serious problems: Thelegislation, china is still not a complete laws about rural areas of the environmental protection, only a fewlaws and regulations involves the rural environment protection in the relative content, and the rules areprinciple, broad, dispersed, which did not form a unified system; In law enforcement, the set of the grass-roots law enforcement agencies was unreasonable, the quality of law enforcement personnel is nothigh, the business level is not high, the means of the law enforcement is single and the law enforcement isnot enough; in the process of the judicial proceedings,many rural residents’ rights are restricted. About thesuit qualification, the prosecutor must concerns with case according the requirement of the civil procedurelaw;Meanwhile the lawsuit allege range is limited which did not include the government; Environmentallawsuit trial lack the clear legal basis, in recent years many such cases appear; There are no specialtribunal cases of environment, etc.To solve the problem of the decreased rural environment, the most direct way is to improve theenvironmental protection law in rural areas of the implementation of the mechanism, to break the existingthe compulsory enforcement mechanism which is under the administrative guidance and to introduce themarket mechanism, public participation mechanism and incentive mechanism.to Make the ruralenvironment protection law enforcement mechanism diversification.This paper is divided into three parts:the first part introduce the rural environment protection and the enforcement mechanism about the ruralenvironment protection law in the paper. From rural environment protection law of the implementation ofthe polarization of the social background, this paper expounds the polarization of the social structure andthe country’s heavy light of rural city policy, introduced the current rural environment problem of thedeterioration of the specific performance and protection status, the related concepts in the ruralenvironment protection law enforcement mechanisms and the relationship between these essential elements;The second part introduces the existing problems in rural areas in the process of implementation of theenvironment protection law, this paper mainly discusses the factors during the legislation and enforcement,such as the consciousness of the environmental protection of the farmers is weak, rural environmentalprotection law system is not perfect, law enforcement agencies are not reasonable and the implementingmechanism is single, the implementing mechanism to soften; The third part propose perfect response aboutthe rural implementation mechanism of the environment protection law and this part.Put forward to thesuggestions to improve the enforcement of the rural environmental protection and the specificthought:First, setting up the system of government guiding to the enterprises, the villagers consciouslyabide by the law, and form cooperation mechanism during the villagers and the enterprise, the cooperationand solidarity of among the government, enterprises, the villagers in the basis of mutual reciprocity and mutual benefit, can en hence the enforcement of the environmental protection laws; Second, we must set upthe environmental protection administration system and comprehensive law enforcement mechanism fit forrural areas and construct the environmental protection system of vertical management system, scientificachievements assessment mechanism, the administration accountability mechanism and perfect thegovernment information openness system of the rural areas; Third, draw into market mechanism,advocate "the green consumption" concept, explore emissions trading and polluters compensationmechanism; Fourth, strengthen the public participation in the breadth and strength; Fifth, improveenvironmental public litigation system. The third part is the core part of this paper, the first two partsdiscussed above is the groundwork for this part, because my knowledge is limited, I just hope this papercan play a valuable role for the protection of the rural environment.