我国农村环境污染防治法律体系的完善

发布时间：2018-03-22 17:13

本文选题：农村环境污染　切入点：防治措施　出处：《西北农林科技大学》2010年硕士论文　论文类型：学位论文

【摘要】： 农村是人类赖以生存的物质资源的提供者,也是社会经济发展过程中原材料的提供者。我国作为一个农业大国,农村的重要性更为突出。没有农村的可持续发展,就没有全国的可持续发展。但是,随着我国现代化进程的加快,农村环境污染问题开始显现。由于多种因素的制约,我国农村环境污染没有得到有效治理,制约着我国农村经济社会的进一步发展。在防治农村环境污染的诸多措施中,法律手段的作用非常关键。本文首先介绍了我国农村环境污染问题的概况,包括农村环境及农村环境污染污染的概念,农村环境污染的特点和造成的危害。对于我国农村环境污染的现状,从农业生产污染、工业污染和生活污染三个方面进行阐述。接着从经济、制度、法律和农村自身四个方面指出了造成农村环境污染的原因。我国现行法律体系中关于农村环境污染防治的规定比较繁杂,本文进行了简要的总结和分析,指出其取得的成就和不足。国外发达国家对防治农村环境污染有着较为成熟的做法,本文着重分析了这些国家在农业面源污染防治、畜禽养殖污染防治和农村生活垃圾和污水的处理三个领域采取的多种措施,特别是法律措施,概括出我国可以借鉴的经验。加大对农村环境污染的防治力度,必须要有一个与之相适应的法律体系。本文的重点放在我国农村环境污染防治法律体系的完善上,主要从完善我国农村环境保护法律体系的依据和总体要求、修改《环境保护法》,增加有关农村环境的规定、制定《农村环境污染防治法》、加快单项领域立法,完善配套法律法规和鼓励地方根据本地实际进行立法等方面进行了分析和研究,特别是对《农村环境污染防治法》的制定和地方立法的加强进行了详细论述。对于《农村环境污染防治法》的主要内容,本文认为应包括总则、监督管理、农业生产污染防治、工业污染防治、生活污染防治、科技创新和资金投入和法律责任及农民环境权益保护七个部分。农村环境污染问题的解决,关系到农村经济的持续健康发展和社会的繁荣稳定,需要法律、经济和科技手段等多种措施密切配合,才能有效防治污染的蔓延。建立完善的农村环境污染防治法律体系无疑是这些措施得以顺利实施的前提,必须加快立法进程,对相关问题进行规定,使农村环境污染的防治有法可依
[Abstract]:Rural areas are the providers of material resources on which human beings depend for survival, as well as the providers of raw materials in the process of social and economic development. As a large agricultural country, the importance of rural areas is even more prominent. There is no sustainable development in rural areas. There will be no sustainable development in the whole country. However, with the acceleration of the modernization process in China, the problem of environmental pollution in rural areas has begun to appear. Due to the constraints of various factors, the environmental pollution in rural areas in China has not been effectively controlled. It restricts the further development of rural economy and society in our country. In many measures to prevent and cure rural environmental pollution, the role of legal means is very important. This paper first introduces the general situation of rural environmental pollution in China, including the concept of rural environment and rural environmental pollution, the characteristics and hazards of rural environmental pollution, and the present situation of rural environmental pollution in China. From three aspects of agricultural production pollution, industrial pollution and domestic pollution. Then from the economy, system, The causes of environmental pollution in rural areas are pointed out in four aspects of law and rural itself. The regulations on the prevention and control of environmental pollution in rural areas in China's current legal system are complicated. This paper makes a brief summary and analysis. The paper points out its achievements and shortcomings. The developed countries have more mature methods to prevent and control rural environmental pollution. This paper focuses on the prevention and control of agricultural non-point source pollution in these countries. Several measures, especially legal measures, have been taken in the three fields of pollution prevention and control of livestock and poultry breeding and treatment of rural domestic refuse and sewage, and the experience that our country can use for reference is summarized. In order to strengthen the prevention and control of rural environmental pollution, we must have a legal system suitable for it. The emphasis of this paper is on the improvement of the legal system of rural environmental pollution prevention and control in China. Mainly from improving the basis and overall requirements of our country's rural environmental protection legal system, revising the Environmental Protection Law, adding regulations on the rural environment, formulating the Rural Environmental pollution Prevention and Control Law, and speeding up the legislation in a single field. The relevant laws and regulations were improved, and local governments were encouraged to carry out analysis and research in such aspects as legislation based on the actual situation in the region. In particular, the formulation of the Rural Environmental pollution Prevention Law and the strengthening of local legislation are discussed in detail. For the main contents of the Rural Environmental pollution Prevention and Control Law, this paper holds that it should include general principles, supervision and management, and pollution prevention and control in agricultural production. Prevention and control of industrial pollution, prevention of life pollution, scientific and technological innovation, capital investment and legal responsibility, and protection of farmers' environmental rights and interests. The solution to the problem of rural environmental pollution is related to the sustained and healthy development of rural economy and the prosperity and stability of society, and needs to be closely coordinated with various measures, such as law, economy and scientific and technological means. The establishment of a sound legal system for the prevention and control of environmental pollution in rural areas is undoubtedly the prerequisite for the smooth implementation of these measures. We must speed up the legislative process and provide for relevant issues. The prevention and control of environmental pollution in rural areas can be governed by laws.
【学位授予单位】：西北农林科技大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6

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