Research On Legal Countermeasures Of Rural Living Environment Problems In China

With the rapid development of the rural economics during three decades of reform and opening?up, rural environmental problem became increasingly serious. The rural environment of the broad sense includes rural ecological environment and rural living environment the society. Rural living environment as a form of rural environment has its particularity, which is different from rural ecological environment in environmental pollution. In terms of the legal system of environmental protection in China, Environmental protection law of the People's Republic of China as the main body of the environmental protection is a synthetic method for environmental protection, which makes extremely principled provision to the environmental protection. The Forest Law, Grassland Law, Water Law, The Fishery Law as a natural resource protection law emphasis on the protection of natural resources. However, The Prevention and Control of Water Pollution Law, The Prevention and Control of Solid Pollutants, The Prevention and Control of Noise Pollution focus on the protection of ecological environment destruction, urban pollution, industrial pollution. Firstly, previous studies focus on the surrounding ecological environment problems or on the entire rural environmental issues in general, or on the living environment problems, but seldom of them study on the rural living environment problem. Secondly, the existing researches care more about top?level design which rarely put forward some concrete methods. According to these problems, I think it is necessary to carry on studying on rural living environment. The paper systematic study the problems of the rural living environment to understand its outstanding performance and causes, combing the relevant policy and law. On the foundation of overseas' advanced experiences, the paper puts forward some countermeasures to control the problems of the rural living environment.In this paper, the text is divided into five parts. The first part main analyzes the outstanding environmental problems of China's rural life and the current relevant legal policies. The second part is on the basis of first part's analysis. It can deduce that the main causes of rural living environment problems are that farmers lack environmental awareness, lack of rural environmental protection infrastructure, rural living environment laws and regulations, subject of law enforcement in the countryside, and the cost of breaking the law is low. The third part mainly discusses the three theoretical basis of rural living environment, namely environmental responsibility burden theory, environmental justice theory, sustainable development theory, which put forward legal countermeasures to support for later. The fourth part mainly discusses the two domestic cases and four cases abroad, it is concluded that both at home and abroad advanced experience of the governance of rural living environment mainly include create environmental protection mode according to local conditions and intensify supervision to build ecological village, strengthen the infrastructure construction of environmental protection and increase financial investment, which provide powerful experience for later reference. The fifth part is base on legislation, law enforcement, law?abiding citizens, and proposed the concrete legal countermeasures to improve rural living environment. In legislation, the paper first put forward that the forwardness in legislation should be on the basis of scientific forecast, to make up for the retardation of enforcement; Secondly the paper clear out the specific responsibility the main body and the way of punishment according to the different subject of pollution; Finally the paper put forward the importance of government fiscal investment, to support for the perfection of the rural environmental protection facilities. In terms of law enforcement, according to cross department, unclear responsibilities, poor management, we should strengthen the power of the environmental protection department; Secondly,according to department of law enforcement and the lack of effective ways, we should improve enforcement mechanisms. In terms of law?abiding citizens, the paper not only puts forward the methods to improve the citizens' environmental awareness, but also the daily supervision on rural cadres and its leading role, to develop their responsibility on protecting the environment. Finally, the villagers as rural environmental protection biggest beneficiaries shall be actively involved in the environmental monitoring. I hope this paper can make contribution to promoting the construction of rural environmental protection career and a new socialist countryside.