On The Chinese Legal System Of Water Pollution Prevention In Rural Areas

With the continuous improvement of the legal system of water pollution control, waterpollution control in rural areas gets more and more attention of the community. The controlof agricultural and rural water pollution gets into the newly revised “Water Pollution ControlAct” for the first time. So the study of water pollution control system in rural areas haspractical significance and necessity. Through the research methods of comparative analysis,systems analysis, empirical analysis, literature searching, this article studies the basic theoryof the rural water pollution control legal system, foreign water pollution control legal system,rural water pollution control legal system and how to perfect rural water pollution controllegal system, conclusions are as follows:1. Basic theory of rural water pollution control legal system. I think that,the theory ofpublic goods, externality theory, sustainable development theory, environmental rights and theenvironmental justice theory as the starting point, study the definition of the rural waterpollution control legal system concept, characteristics, the purpose and significance, and thenstudy the guiding ideology and basic principles, consider that the rural water pollutioncontrol legal system should include the following system: the pollutant emission controlsystem, the government environmental liability regime, regional environmental limitsapproved system, compensation mechanism of ecological system. Also believes that thetheory of public goods, externality theory, sustainable development theory, environmentalrights and the environmental justice theory should be the basis of analysis and improvementof the rural water pollution control legal system.2. The revelation of the legal system of foreign water pollution control. Analyze thestatus and characteristics of advanced water pollution control legal system in the fourcountries of Netherlands, Sweden, the United States, Japan, mainly related to discharge permitsystem, surface water pollution tax system, public participation system, etc. the enlightenment:improve the environmental awareness of rural residents, establish control planning system ofrural water pollution and environment regulatory system for rural industrial and agriculturalproduction, encourage farmers to participate in the water pollution control, etc.3. The improvement of China’s rural water pollution control legal system. I think that,we should be aware of China’s rural water pollution present situation, analysis the status quoof China’s water pollution control legal system from the relevant laws and regulations of the different levels, analyze from three perspectives of legislation, law enforcement, judicial, findthe following questions: the dislocation of legislative guiding ideology; the imperfection oflegislative technology; rural water pollution control system is not comprehensive; the lack ofsystematic of rural water pollution control laws is a major obstacle to enforcement; from theimplementation point of view, the rural water pollution prevention-based policy advice, lacklong-term mechanism; the liability provision of violation of water pollution control in ruralareas are not clear, leading to the responsible person is difficult to confirm; the unequalprovision of the rights and obligations, make the relevant legal provisions lack ofmaneuverability; also believes that the old concept the research lack of basic theoreticalresearch are the reasons for these problems.4. The perfection of China’s rural water pollution control legal system. I think that, weshould perfect the guiding ideology, the basic principles, control system. the recommendationto further perfect the legal system of rural water pollution control: introduce “protect watersecurity” in the guiding ideology as a legislative purpose; the basic principle should includethe principle of environment equity, environmental protection and economic and socialdevelopment in harmony, incentive and constraint both,classification of governance. Ruralwater pollution control system should establish rural water pollution control planning system,environmental regulatory system of industry and agriculture production,rural sewagetreatment system, improve public participation system and sewage charges to usemanagement system. Innovation and improvement of rural water pollution control system,making the rural water pollution control be planned from the level of legal system, providestrong legal protection to solve the problem of water pollution in rural areas.