Analysis On The Legal Path Of Rural Ecological Governance In Northwest Henan

The rural ecological governance model of "three governance combined",which combines autonomy guaranteed by law and rule by virtue,shows "aggregation effect" based on its significant advantage of "coordination",and has achieved good social effects in practice.At the same time,the "combination of three governance" model covering autonomy,rule of virtue and rule of law seriously restricts the effect of "combination of three governance" on rural ecological governance due to the lack of legislative effectiveness,judicial practice and legal concept.This situation is largely due to the lack of regionalism,autonomy and feedback of the traditional legal path.Villager autonomy with village rules and people’s conventions as the background has the social effect of flexible governance,which can promote the regionality and integration of the rule of law.The rule of law with national laws as the background has the mandatory governance effect,which can promote the overall planning and top-level design of governance.In order to achieve the social effect of the "combination of three governance" in rural ecological governance,it is necessary to fully integrate,effective and good governance.In the rule of law system,the village rules and the people’s contract and other autonomy norms should be integrated into it,and the traditional ethics should be used to bridge the inherent tension between the compulsory rule of law and the flexibility of villagers’ autonomy.While promoting the deep integration of "the combination of three governance",it is necessary to define and coordinate the main body of "the combination of three governance",shape and promote the governance of virtue,realize the endogenous development of "the combination of three governance" rural ecological governance model with the guidance of problems,and build long-term reward and punishment mechanisms,feedback mechanisms and integration mechanisms to ensure the participation and construction of multiple governance subjects.It is the optimization path of the rural ecological governance model of "three governance and combination" in the new era.This paper selects the ecological governance system of rural areas in northwestern Henan for analysis,because of the industrial structure of high energy consumption,high pollution and high emission caused by coal exploration,production,transportation and processing for more than a century,and the huge ecological trauma caused by resource depletion to the rural ecological environment,such as subsidence areas,goaf and drinking water pollution.The traditional mode of rural ecological governance has been in an inefficient or even stagnant situation for a long period of time due to the lack of local legislative power,the failure to effectively coordinate the main body of governance,and the failure to effectively play the role of autonomy and moral governance.The ecological environment cannot be fundamentally improved for a long time.Since the 18 th National Congress of the CPC,the Party and the government have put forward a new era of rural ecological governance system.A number of innovative rural ecological governance measures have been adopted in northwestern Henan,including policies and regulations such as local legislation to promote regional ecological rule of law in rural areas,autonomy to stimulate the consciousness of villagers,rule of virtue to eliminate the internal tension between rule of law and autonomy,and overall integration of various forces,which have accurately and effectively promoted the ecological governance in local rural areas.It has fundamentally improved the rural ecological environment and living environment,and its remarkable ecological governance achievements have won a number of national awards.Under such a background,the analysis and research on the legal path of rural ecological governance in northwest Henan not only increases the connotation of rural ecological governance in the new era,but also has important theoretical and practical significance.To sum up,this paper is committed to study and observe the analysis of the legal path of rural ecological governance in northwest Henan,propose the consequences of the effectiveness,integration and lack of regionality of legal governance in rural ecological governance,and then summarize the experience of the legal path of rural ecological governance in Jiaozuo,analyze and put forward some shallow opinions from the above perspectives.In order to be able to enlighten the participants in the practice.This paper is divided into five parts.The first part is introduction.The main reason of the topic,the significance of the research,the literature review of the research,the methods and ideas of the research are sorted out,so as to elaborate the origin of this paper and act as a outline for other chapters of the paper.The second part,the new era of rural ecological governance and law,this part is a basic theoretical research.Firstly,the background and requirements of rural ecological governance in the new era are introduced,including the historical evolution of rural ecological governance,the proposal and development of rural ecological governance,the requirements of rural ecological governance in the new era,and the context of rural ecological governance is sorted out.Then it discusses the legal needs of rural ecological governance in the new era.Based on the rural governance from village rules and people’s agreement to legal regulation,the proposal of the new era ecological governance system deeply integrated with "three governance combination",and the role and significance of "three governance combination" in rural governance,it discusses the core role of rule of law in rural ecological governance.Finally,the function and role of law in the new era of rural ecological governance are analyzed to provide a comprehensive theoretical support for the in-depth study of this paper.The third part,the experience analysis of rural ecological legal governance--taking Jiaozuo village in northwest Henan as an example.Through a comprehensive analysis and study of the typical rural ecological governance innovation case in Jiaozuo rural area,this paper comprehensively compares the effect and influence of traditional ecological governance system and innovative ecological governance mode on rural ecological governance,and summarizes the precious experience of exploring and practicing the "three governance combination" of legal practice,legal effect and rule of law concept in this rural area.Its enlightenment on rural ecological governance is mainly embodied in: precise policy support,strengthening local legislation,shaping the concept of rule of law,and providing the necessary experience for our rural ecological governance system innovation.The fourth part,the construction of Jiaozuo rural ecological governance of the legal path.This part is the core and summary of the paper,from three aspects of the construction of Jiaozuo rural ecological governance of the legal path.First,the improvement of basic policies and local mechanisms;Secondly,the establishment and improvement of legal system,judicial and law-enforcement mechanisms;Third,shape and construct the concept of rural ecological legal protection including party,government and judicial cadres,villagers,families and other subjects.Through the above three aspects,constantly optimize the governance effect and social atmosphere of rural ecological protection,promote the sustainable development of rural ecological governance,and make the results of rural ecological governance benefit every participant.The fifth part is the conclusion.