Study On The Legal Countermeasures Of Straw Burning Governance

In recent years, a lot of straw were abandoned, in situ burning,resulting in a serious problem. Straw burning will causeenvironmental pollution, resources wasting, and endangering publictraffic safety hazards. So Chinese government pays great attentionto the management of straw burning and has published a series of legaldocuments to abandon straw burning. Through the close supervision ofthe administrative law enforcement and promoting comprehensiveutilization of straw, we hope to control the straw burning. Strawburning phenomenon has not been brought under control, but gettingworse.There are two reasons. One lies in the unreasonable straw burningsystem. Straw is the product of farmers’ own farmland and is the resprivate for farmers who will naturally have the ownership of straw,which is the right of possession, usage, income, and punishment.The prohibiting system is actually a ban on farmers burning theirown property. Burning or not burning, and how to deal with the straware completely the personal rights and freedoms of the farmers, andalso a reflection of farmers’ property disposition.The government’s ban of burning straw is a serious violation offarmers’ property rights which is protected by the Constitution andthe law. So the system is untenable.On the other side, although China promotes the comprehensiveutilization of straws to solve the burning problem of straw, it infact greatly increase the handling cost of straw for farmers. The government promotes the comprehensive utilization of strawto protect the environment and prevent the controlling of pollution.In this process, the ultimate beneficiaries are the public interestsof the whole society as a whole, but the farmers have to pay for tthe cost. As the representative of the public interests, thegovernment should assume the cost of increased processing straw byfarmers due to the comprehensive utilization of straw.Therefore, to solve the problem of straw burning, it will not workto rely on the prohibiting burning system. Only on the basis ofpromoting the comprehensive utilization of straw, and the increasedcosts borne by the government, the straw burning problem can finallybe solved.