农村饮用水安全保障的法律研究

发布时间：2018-04-19 15:32

本文选题：农村 + 饮用水安全　；参考：《昆明理工大学》2012年硕士论文

【摘要】：水是人类生存的基本保障。安全健康的饮用水关系到人类的身体健康和生命安全。在我国这样一个农村人口众多的国家,保障农村饮用水安全显得尤为重要。保障农村饮用水安全是可持续发展理念的要求,也是环境正义理论关注的重点。当前我国经济发展还处于粗放型的经济增长模式,资源消耗大、利用率低、排放废弃物多、造成的污染损害大,与可持续的发展思想相悖。而我国由于长期的社会历史发展惯性所导致的城乡不公平现象也极为明显,农村经济落后、农民文化素质低、农村环境污染破坏比城市更严重,却得不到有效地治理和改善。在公众和学者广泛关注城市饮用水安全并着力为保障城市饮用水安全进行诸多研究、采取保障措施的同时,农村饮用水安全却未受到广泛关注。目前我国农村饮用水安全普及率较低,农村群众饮用的水资源遭受到自然、人为各项因素地破坏和污染,农村居民自身生活和生产带来的污染与破坏,还有城市向农村转移的污染,导致大部分农村群众未能喝上安全健康的饮用水。我国的环境保护相关法律中对饮用水安全保护的法律规定并不完善,而国外已有很多国家制定了专门的饮用水安全法律和严格的饮用水水质标准来保障国家居民的饮用水安全。本文试图从可持续发展、环境正义和公共物品理论入手分析农村饮用水不安全的社会因素和法律因素,提出完善法律保障的建议。本文分为四个部分。涉及饮用水安全理论基础,农村饮用水安全现状和成因分析,国内外先进制度借鉴和法律完善四个部分。第一部分,首先从法理学和环境法学的可持续发展理论和环境正义理论入手,分析保障农村饮用水安全是实现我国可持续发展道理的基础,也是实现城乡环境正义的重要方面,并运用公共物品理论分析了农村饮用水安全的特殊性,作为公共物品,需由政府承担供给责任。第二部分,指出农村饮用水不安全的现状和存在的问题,主要是饮用水源污染。而导致不安全的原因是我国在法律上未重视农村饮用水安全的保护,很多法律法规中欠缺此项规定,或有规定,但较为笼统和抽象,可操作性不强,导致农村饮用水安全执法不足,无法从法律这一最低准则上对农村饮用水安全进行保护。第三部分,借鉴国外农村饮用水安全保护法律制度和措施,美国社区供水系统、日本的农村供水保障,以及其他相应的法律保护制度。国内部分省市的地方性法规中确立了饮用水安全保护优先地位,并采取了配套措施保障农村饮用水安全,也为其他省市建立和完善自身饮用水安全保护制度提供了经验借鉴。第四部分,在前三部分分析和比较的基础上,对我国农村饮用水安全法律保障提出完善建议。包括从立法思想上要坚决贯彻可持续发展理念,环境保护立法和实践中要体现环境正义的公平公正观念,将饮用水安全保障放在绝对优先保护的地位,以及对我国法律在修改或执行中的不足提出完善建议,以及其他相关方面的完善建议。结合政府、群众、法律之力,切实保障农村饮用水安全。
[Abstract]:Water is the basic guarantee for human survival. Safe and healthy drinking water is related to human health and life safety. In a country with a large rural population, it is particularly important to ensure the safety of drinking water in rural areas. To ensure the safety of rural drinking water is the requirement of the concept of sustainable development and the focus of the theory of environmental justice. At present, our country's economic development is still in the extensive mode of economic growth, the consumption of resources is large, the utilization rate is low, the discharge of waste is much, the pollution damage is great and it is contrary to the thought of sustainable development. However, the phenomenon of urban and rural unfairness caused by the long-term social and historical development inertia is very obvious in our country, the rural economy is backward, and the peasant's writing is backward. Low quality, rural environmental pollution damage is more serious than the city, but it can not effectively control and improve. Public and scholars pay attention to the safety of urban drinking water and efforts to ensure the safety of urban drinking water, while taking safeguard measures, rural drinking water safety is not widely concerned. At present, rural drinking water in China is drinking. The popularity rate of water safety is low. The water resources of the rural people are damaged and polluted by various factors. The pollution and destruction of rural residents' own life and production, and the pollution from the cities to the rural areas lead to the failure of most rural people to drink safe and healthy drinking water. The environmental protection of our country is related to the environmental protection. Legal provisions on the safety of drinking water are not perfect in the law, but many countries have formulated special drinking water safety laws and strict drinking water quality standards to ensure the safety of drinking water for the national residents. This article tries to analyze the rural drinking water unease from the theory of sustainable development, environmental justice and public goods. The whole social and legal factors put forward suggestions for improving legal protection.
This article is divided into four parts. It involves the theoretical basis of drinking water safety, the status and causes of drinking water safety in rural areas, and four parts of the advanced system at home and abroad and the perfection of the law.
The first part, starting with the sustainable development theory of jurisprudence and environmental law and the theory of environmental justice, analyzes the security of drinking water in rural areas as the basis for realizing the sustainable development of our country, and is also an important aspect of realizing urban and rural environmental justice, and uses the theory of public goods to analyze the particularity of the safety of rural drinking water. Public goods should be supplied by the government.
The second part points out the current situation and problems of unsafe drinking water in rural areas, mainly the pollution of drinking water. The cause of insecurity is that our country does not pay attention to the protection of rural drinking water safety in law. Many laws and regulations lack the provisions or regulations, but it is more general and abstract, and the operability is not strong, leading to rural drinking. Inadequate enforcement of water safety can not protect the rural drinking water safety from the minimum law.
The third part, drawing on the legal system and measures of rural drinking water safety protection in foreign countries, American community water supply system, rural water supply guarantee in Japan, and other corresponding legal protection system. In some local provinces and cities, the priority places of drinking water safety protection have been established in some local provinces and cities in China, and the supporting measures have been taken to ensure the rural drinking water safety. It also provides experience for other provinces to establish and improve their own drinking water safety protection system.
The fourth part, on the basis of the analysis and comparison of the first three parts, puts forward some suggestions on the legal guarantee of rural drinking water safety in China, including the concept of sustainable development from the legislative thought, the concept of fair and fair environmental justice in the legislation and practice of environmental protection, and the absolute protection of the safety of drinking water The status of the country, as well as the shortcomings of China's law in the revision or implementation of the shortcomings to improve recommendations, as well as other relevant aspects of the perfect recommendations. Combined with the government, the masses, the legal force, effectively safeguard the safety of rural drinking water.

【学位授予单位】：昆明理工大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.66

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