我国农村环境监管法律问题研究
发布时间：2018-09-12 18:01
【摘要】： 自然环境是人类社会赖以生存和发展的物质基础,环境安全关系到人们生存发展和国计民生。农村是农民生活和生产的基地,是全国人民生活的源泉和国民经济存在的根本,农村环境的好与坏直接影响到国家大局的稳定与否。近年来,随着我国农村经济的发展,农村现代化、城市化的进程加快,农村环境问题也愈演愈烈,农村环境监管这一领域成为当前我国学术界研究的热点,一些专家和学者的研究成果初步形成了具有我国特色的农村环境监管法律研究理论。由于我国农村环境问题的日渐突出,已经成为影响我国社会和谐与稳定及城乡统筹协调发展的重要因素,进而影响到全面建设小康社会的进程。形成健全的农村环境监管法律制度已势在必行。 我国现行农村环境监管法律制度存在很多缺陷,比如缺乏统一性和协调性,农村环境监管存在多头执法和监管权责不明等诸多问题,已明显不适应农村经济、环境发展需要。我国在农村环境监管法律制度建设方面与发达国家以及某些发展中国家存在较大差距。因此,研究制定具有中国特色的农村环境监管法律制度,对于保障我国农村经济健康发展、维护社会稳定和促进农民环境权实现具有重要的理论和现实意义。 本文通过对我国农村环境监管法律制度的现状及存在问题的分析,借鉴欧美、日韩等发达国家以及泰国等发展中国家在农村环境监管制度建设中的经验,针对我国国情,从监管立法制度、监管执法制度、监管司法制度等方面入手,提出了完善我国农村环境监管法律制度的思路和框架,为构建以预防为主、防治结合的农村环境监管法律制度提供了理论依据和政策建议。 本文主体部分主要包括三方面内容: 第一部分,对农村环境问题及农村环境监管基本概念进行阐述。对农村环境问题及其相关概念进行了阐述和辨析,对农村环境监管的概念进行科学界定,即为了协调农村人与自然的关系,促进农村人与自然的和谐共处,保证农村自然资源的合理开发利用,防止农村环境污染和生态环境破坏,保障农村社会、经济与环境可持续发展而采取的一系列监督管理措施和行动的总称。 第二部分,对我国农村环境监管法律制度存在的问题进行分析,指出其中存在有:在立法方面,农村环境监管存在立法空白、农村环境监管立法不适应农村情况;在执法方面,农村环境监管执法主体缺乏独立性、农村基层环保组织过于薄弱、环境监管执法工作“刚”性不足,执法不严现象比较突出、地方保护主义比较严重;在司法方面,农村环境监管的司法力量不均衡,农村司法力量薄弱、公益诉讼制度缺失,农村环境诉权主体范围狭窄,农民缺乏环境侵权司法救济手段等。 第三部分,通过对农村环境监管制度存在问题的分析,提出完善我国农村环境监管法律制度的建议。首先提出了农村环境监管的指导思想,包括可持续发展思想和科学发展观等。然后通过分析欧美、日韩以及泰国等国家在农村环境监管法律制度建设中的先进经验,结合我国国情和农村环境问题的具体情况,提出了完善我国农村环境监管法律制度的具体建议,包括在立法方面改变仅注重城市环境保护而轻视农村环境保护的环境监管立法观念,建立适合我国国情并且紧随国际潮流的农村环境监管法律体系;在执法方面,建立严密有力的农村环境监管执法主体,完善农村环境监管公众参与制度,加强第三方监管尤其是农村基层组织监管的力度;在司法方面建立完善的农村环境司法程序和司法组织,构建农村环境公益诉讼制度等。并结合环境监管教育制度、环境监管财政制度等方面的完善,来促使我国农村环境问题得到缓解,农村经济、社会和环境三者得到协调和可持续的发展。
[Abstract]:Natural environment is the material basis for the survival and development of human society. Environmental security is related to the survival and development of people and the national economy and people's livelihood. With the development of China's rural economy, rural modernization and urbanization, rural environmental problems are becoming more and more serious. The field of rural environmental supervision has become a hot topic in the current academic circles. Some experts and scholars have initially formed a legal research theory of rural environmental supervision with Chinese characteristics. The increasingly prominent rural environmental problems in China have become an important factor affecting social harmony and stability and the coordinated development of urban and rural areas, thus affecting the process of building a well-off society in an all-round way.
There are many defects in the current legal system of rural environmental supervision in China, such as the lack of unity and coordination, the existence of many problems in rural environmental supervision, such as the unclear power and responsibility of law enforcement and supervision, and so on. Therefore, it is of great theoretical and practical significance to study and formulate the legal system of rural environmental supervision with Chinese characteristics for ensuring the healthy development of rural economy, maintaining social stability and promoting the realization of farmers'environmental rights.
Based on the analysis of the current situation and existing problems of China's rural environmental supervision legal system, drawing on the experience of developed countries such as Europe, America, Japan and South Korea, and developing countries such as Thailand in the construction of rural environmental supervision system, this paper puts forward the supervision legislation system, supervision law enforcement system, supervision judicial system and other aspects in view of China's national conditions. The idea and framework of perfecting the legal system of rural environmental supervision in China provide theoretical basis and policy suggestions for the construction of the legal system of rural environmental supervision which is based on prevention and combines prevention with control.
The main part of this article mainly includes three aspects:
The first part expounds the rural environmental problems and the basic concepts of rural environmental supervision, expounds and differentiates the rural environmental problems and their related concepts, and scientifically defines the concept of rural environmental supervision, that is, in order to coordinate the relationship between rural people and nature, promote the harmonious coexistence of rural people and nature, and ensure the rural natural capital. A general term for a series of supervision and management measures and actions taken to rationally exploit and utilize sources, prevent rural environmental pollution and ecological environment destruction, and ensure the sustainable development of rural society, economy and environment.
The second part analyzes the existing problems in the legal system of rural environmental supervision, pointing out that there are: in the legislative aspect, there is a legislative gap in rural environmental supervision, rural environmental supervision legislation does not adapt to the rural situation; in the law enforcement aspect, the main body of rural environmental supervision law enforcement is lack of independence, and the rural grass-roots environmental protection organizations are too weak. In the aspect of judicature, the judicial power of rural environmental supervision is not balanced, the judicial power of rural environmental supervision is weak, the public interest litigation system is absent, the main scope of rural environmental litigation right is narrow, farmers lack of judicial remedies for environmental torts.
The third part, through the analysis of the existing problems of rural environmental supervision system, puts forward some suggestions to improve the legal system of rural environmental supervision in China. First, it puts forward the guiding ideology of rural environmental supervision, including sustainable development and scientific development concept. Based on the advanced experience in the construction of the legal system and the specific situation of China's national conditions and rural environmental problems, this paper puts forward some concrete suggestions for perfecting the legal system of rural environmental supervision in China, including changing the legislative concept of environmental supervision which only pays attention to urban environmental protection but neglects rural environmental protection, and establishing a legislative concept suitable for China's national conditions. Following the international trend, the legal system of rural environmental supervision should be established. In the aspect of law enforcement, a strict and powerful subject of rural environmental supervision and law enforcement should be set up, the public participation system of rural environmental supervision should be improved, the third-party supervision should be strengthened, especially the supervision of rural grass-roots organizations. Construct the rural environmental public interest litigation system, and combine the environmental supervision education system, environmental supervision financial system and other aspects of improvement, to promote China's rural environmental problems to be alleviated, rural economy, social and environmental three get coordinated and sustainable development.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
本文编号：2239811
[Abstract]:Natural environment is the material basis for the survival and development of human society. Environmental security is related to the survival and development of people and the national economy and people's livelihood. With the development of China's rural economy, rural modernization and urbanization, rural environmental problems are becoming more and more serious. The field of rural environmental supervision has become a hot topic in the current academic circles. Some experts and scholars have initially formed a legal research theory of rural environmental supervision with Chinese characteristics. The increasingly prominent rural environmental problems in China have become an important factor affecting social harmony and stability and the coordinated development of urban and rural areas, thus affecting the process of building a well-off society in an all-round way.
There are many defects in the current legal system of rural environmental supervision in China, such as the lack of unity and coordination, the existence of many problems in rural environmental supervision, such as the unclear power and responsibility of law enforcement and supervision, and so on. Therefore, it is of great theoretical and practical significance to study and formulate the legal system of rural environmental supervision with Chinese characteristics for ensuring the healthy development of rural economy, maintaining social stability and promoting the realization of farmers'environmental rights.
Based on the analysis of the current situation and existing problems of China's rural environmental supervision legal system, drawing on the experience of developed countries such as Europe, America, Japan and South Korea, and developing countries such as Thailand in the construction of rural environmental supervision system, this paper puts forward the supervision legislation system, supervision law enforcement system, supervision judicial system and other aspects in view of China's national conditions. The idea and framework of perfecting the legal system of rural environmental supervision in China provide theoretical basis and policy suggestions for the construction of the legal system of rural environmental supervision which is based on prevention and combines prevention with control.
The main part of this article mainly includes three aspects:
The first part expounds the rural environmental problems and the basic concepts of rural environmental supervision, expounds and differentiates the rural environmental problems and their related concepts, and scientifically defines the concept of rural environmental supervision, that is, in order to coordinate the relationship between rural people and nature, promote the harmonious coexistence of rural people and nature, and ensure the rural natural capital. A general term for a series of supervision and management measures and actions taken to rationally exploit and utilize sources, prevent rural environmental pollution and ecological environment destruction, and ensure the sustainable development of rural society, economy and environment.
The second part analyzes the existing problems in the legal system of rural environmental supervision, pointing out that there are: in the legislative aspect, there is a legislative gap in rural environmental supervision, rural environmental supervision legislation does not adapt to the rural situation; in the law enforcement aspect, the main body of rural environmental supervision law enforcement is lack of independence, and the rural grass-roots environmental protection organizations are too weak. In the aspect of judicature, the judicial power of rural environmental supervision is not balanced, the judicial power of rural environmental supervision is weak, the public interest litigation system is absent, the main scope of rural environmental litigation right is narrow, farmers lack of judicial remedies for environmental torts.
The third part, through the analysis of the existing problems of rural environmental supervision system, puts forward some suggestions to improve the legal system of rural environmental supervision in China. First, it puts forward the guiding ideology of rural environmental supervision, including sustainable development and scientific development concept. Based on the advanced experience in the construction of the legal system and the specific situation of China's national conditions and rural environmental problems, this paper puts forward some concrete suggestions for perfecting the legal system of rural environmental supervision in China, including changing the legislative concept of environmental supervision which only pays attention to urban environmental protection but neglects rural environmental protection, and establishing a legislative concept suitable for China's national conditions. Following the international trend, the legal system of rural environmental supervision should be established. In the aspect of law enforcement, a strict and powerful subject of rural environmental supervision and law enforcement should be set up, the public participation system of rural environmental supervision should be improved, the third-party supervision should be strengthened, especially the supervision of rural grass-roots organizations. Construct the rural environmental public interest litigation system, and combine the environmental supervision education system, environmental supervision financial system and other aspects of improvement, to promote China's rural environmental problems to be alleviated, rural economy, social and environmental three get coordinated and sustainable development.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.6
【引证文献】
相关期刊论文 前2条
1 丁欣;孙丽欣;;河北省农村生态环境恶化问题的成因解析[J];石家庄经济学院学报;2011年03期
2 武建霞;;我国农村环境保护的法律思考[J];神州;2012年28期
相关硕士学位论文 前4条
1 赵丽;我国农村环境侵权救济法律问题研究[D];山西财经大学;2011年
2 宋小莉;新农村建设过程中的生态伦理思考[D];山东师范大学;2012年
3 韩俊杰;我国农村环境污染防治法律问题研究[D];东北林业大学;2012年
4 陶溶;上海崇明农村环境保护基础设施建设研究[D];上海交通大学;2011年
，本文编号：2239811
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