The Legal Consideration Regarding The Issue Of Preventing Pollution Transfer From Cities To Rural Areas

In recent years, our nation has paid more attention to the environment issues in cities. At the same time, urban environmental standards increasingly tighter pollution prevention and control has been intensified, and the constant pressure on the living space of the polluting enterprises, a variety of urban pollution gradually shift to rural areas in search of vitality. The status quo leading to more and more serious pollution problems in rural areas, except the rural own production of pollution, one of the most important reasons is that the pollution in the cities has been dramatically transferred to rural areas. Urban pollution transferred to rural not only damages the rural environment, but also against the environment equal rights of rural residents. Weak farmers ’awareness of environmental protection, current legislation does not explicitly civic environmental benefit, not high level of citizens’ environmental rights legislation, unclearly content, and the uncertainty of personal contamination transferring dominant position, coupled with the role of induced economy benefits, it is difficult to stop urban pollution transferring to rural areas. Although there is increasing emphasis on this issue, but it is still lack of effective measures of land, urban pollution but also to pass on the phenomenon in rural areas has not been fundamentally improved. Although there is increasing emphasis on this issue, but it is still lack of effective measures. The phenomenon urban pollution transfer to rural areas has not been fundamentally improved. China’s environmental legislation for the prevention and control of urban pollution transferring to rural areas there are still many shortcomings. For duality of urban and rural environmental legislation, it is difficult to fit the actual situation of the current environmental legislation and the rural environment. Actual operation is difficult. Environmental legislation with the rich color of a service economy has no longer meet contemporary environmental ethics value. Environmental laws demand goes against the thrust of contemporary people in the implementation process. Environment against judicial relief system is imperfect. Rural residents due to the cultural level and economic conditions and constraints, environmental rights have been infringed rights in the multiple weak position, in reality, the lack of a convenient and effective channels for relief, so that rights of way very difficult. The current legislation does not clear the citizens’ environmental rights. As one should have the right to environmental rights in China is still just an academic concept. Environmental supervision and management system is imperfect. Of the lack of a uniform and vertical management of specialized environmental agency system, cross-conflict Environmental Protection division of responsibilities among the various departments, which allowed to take advantage of the urban pollution in rural areas be transferred. Such a development, the environmental improvement of the city is just a short appearance, because our environment is a whole organically link. Ultimately, through the improvement of environmental protection laws, we should break environmental legislation in the urban and rural pattern, pay attention to rural environmental management and protection, affirm citizens’environmental rights, and improve the environment against judicial relief system and the supervision and management system. Environmental legislation should run through the theory of sustainable development from beginning to end runs. Prevent and control of urban pollution to be transferred to the rural areas.