The Dilemma Of Rural Environmental Governance And Its Response To The Rule Of Law

Environmental issues in rural areas have gradually become more prominent,and environmental governance has therefore received much attention.The rule of law is an important measure to achieve the goal of environmental governance.As an important social phenomenon,rural environmental governance needs to understand its governance background and practical process,and analyze its predicament and China’s response at the level of rule of law.There are narrow and broad sense of rural environment.Narrow sense refers to rural living environment or rural human settlement environment.Rural environmental governance Environmental governance is different from environmental governance and requires the participation of multiple agents and continuous governance.The rule of law in environmental governance is an inherent requirement of governance and an important guarantee for solving practical problems.The rule of law is pluralistic and local.Pluralism means that we should look at the rule of law from the perspective of legal pluralism and uphold the pluralist view of the rule of law.The promotion of the goal of the rule of law cannot rely solely on the formulation of laws by the state.At the same time,other forces or rules that are conducive to the realization of the goal of the rule of law should also be included in the scope of law,such as folk law.Locality means that the construction of the rule of law should respect local practices and draw useful experience from it,not only in accordance with legal dogma,so as to build a rule of law system with Chinese characteristics.At the same time,it should be noted that emphasizing the locality of the rule of law does not mean denying the unity of the rule of law.Rural environmental governance is divided into exogenous governance and endogenous governance.Exogenous governance emphasizes the involvement of external forces such as the government and the market,while endogenous governance focuses on the strength of the village,such as villagers and village committees.Rural environmental governance has a rich social background.The first is the macro social background: rural governance is geared towards overall transformation and the harmonious relationship between the government and the market,which has caused some complex public affairs to shift to government and market cooperation.The second is the legal background: rural areas implement environmental governance in accordance with a series of laws and policies,and at the same time promote the target level by level,and theconstruction of local laws and regulations continues to unfold.The third is the social foundation: a lot of rural areas are surrounded by garbage,and the rural garbage problem needs to be addressed urgently.Furthermore,the rural social relationship network is unique,the subjects are differentiated,and individual villagers have a greater relationship with village-level organizations.There are two governance modes: "one discussion" and "project into village".Under this background,G county’s rural area has formed an environmental governance model of government-market cooperation.Supply and marketing cooperatives,as representatives of the government,have their lack of experience and funds,but they provide a complete organizational system,integrate into rural social relations,make up for the shortage of the market,and apply market experience and technology to rural environmental governance.However,this model is essentially a "project into the village" model.Due to the lack of participation of social capital,endogenous governance problems have arisen,and environmental issues have not been resolved.Based on this analysis,the dilemma of rural environmental governance is mainly manifested in three aspects: First,the implementation of environmental policies is not implemented,and the targets set by the government are not implemented within the village;second,the effectiveness of environmental governance is uneven,and there are obvious gaps in governance results in different places The third is the fragmentation of rural environmental governance,with multiple subjects being separated and independent in terms of values,organizational structures,and methodologies.There are four main reasons: First,the inadequate supply of rural laws and regulations,which mainly refers to the insufficient supply of national laws and regulations;second,the related laws and policies are inconsistent with the characteristics of the rural environment;As long as it is transmitted downward;the fourth is the imbalance or lack of participation of the governance body,there is a structural imbalance between the government’s governance goals and capabilities,the limited participation of the market body,and the lack of social capital participation.Therefore,China should respond to the rule of law from the following three aspects:first,to improve the legal system for rural environmental governance,to provide sufficient national legislation and environmental legislative models to transition to regulatory centers,and to make up for the shortcomings of the existing legal system;Therole of the government is changing,empowering the market and creating rural community organizations.The third is to shape a culture of environmental rule of law,popularize diverse norms and conduct environmental education.