论农村环境法律保护中的政府责任
发布时间：2018-10-22 07:41
【摘要】： 目前,我国农村环境问题日趋严峻,加强农村环境的保护已迫在眉睫。在我国,有关农村生态环境保护与资源合理利用的法律法规数量很多,但是十分分散,直接针对农村环境、具有可操作性的法律却不多,且在一些重要领域,如土壤污染防治、面源污染、无公害产品管理等方面还没有相关立法。目前,一些学者已经认识到政府在生态环境保护与治理中的重要作用,并进行了深入、有见地的研究,但是政府在农村环境保护与治理中的法律责任研究鲜有人问津。完善健全农村环境保护和资源合理利用的法制建设是改善农村环境状况的长效机制。笔者认为,在完善农村环境保护的法制建设中,尤其要突出政府应尽的法律责任。 全文共分四个部分: 第一部分,首先分析了农村环境保护的法律机制,指出工农业经济组织及农村居民保护环境的局限性,从而确立了政府在农村环境保护中的主导地位。 第二部分,具体分析研究了政府在农村环境保护中应具有的环境决策、环境管理、环境监督、环境协调和环境公共服务等法律职能。 第三部分,揭示出农村环境法律保护中政府在环保理念、制度构建与制度实施方面责任的不足与缺陷,如可持续发展、环境民主、环境法制和环境正义等理念的缺失,环境法律法规不完善、农民环境权法律保护缺位和环境公共服务机制缺乏等制度供给不足,环保监督、管理不健全,环保执行不到位等制度实施机制错位。 第四部分,在上面分析政府环保责任不足与缺陷的基础上,提出了完善政府的环境保护法律职能、健全政府环境执法机制和加强执法监督检查的建议与意见。 通过法律明确政府在的农村环境法律保护中的责任,是解决我国农村环境问题的重要举措,是我国建设新农村和环境友好型、资源节约型社会的题中之义。
[Abstract]:At present, China's rural environmental problems are becoming increasingly serious, strengthening the protection of rural environment is imminent. In our country, there are a lot of laws and regulations on the protection of rural ecological environment and rational utilization of resources, but they are very scattered, and there are not many operable laws aimed directly at the rural environment, and in some important fields, such as soil pollution prevention and control, There is no relevant legislation on non-pollution and non-pollution products management. At present, some scholars have realized the important role of the government in the ecological environment protection and governance, and have carried on the thorough and insightful research, but the research of the legal responsibility of the government in the rural environmental protection and governance is seldom concerned. Perfecting and perfecting the legal system of rural environmental protection and rational utilization of resources is a long-term mechanism to improve the rural environmental situation. In the process of perfecting the legal system of rural environmental protection, the author thinks that the legal responsibility of the government should be emphasized. The paper is divided into four parts: the first part analyzes the legal mechanism of rural environmental protection, and points out the limitations of industrial and agricultural economic organizations and rural residents to protect the environment. Thus establishing the leading position of the government in the rural environmental protection. In the second part, the author analyzes and studies the legal functions of the government in rural environmental protection, such as environmental decision-making, environmental management, environmental supervision, environmental coordination and environmental public service. The third part reveals the deficiencies and defects of the government's responsibility in environmental protection, system construction and system implementation, such as sustainable development, environmental democracy, environmental legal system and environmental justice. The environmental laws and regulations are not perfect, the legal protection of farmers' environmental rights is absent and the environmental public service mechanism is lacking, the environmental protection supervision, the management is not perfect, the environmental protection implementation is not in place, and so on. The fourth part, on the basis of analyzing the deficiency and defect of the government's environmental protection responsibility, puts forward some suggestions and suggestions on perfecting the legal function of the government's environmental protection, perfecting the government's environmental law enforcement mechanism and strengthening the law enforcement supervision and inspection. It is an important measure to solve the rural environmental problems of our country to make clear the responsibility of the government in the legal protection of the rural environment through the law. It is also the meaning of the construction of the new countryside, the environment-friendly society and the resource-saving society in our country.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.68
本文编号：2286537
[Abstract]:At present, China's rural environmental problems are becoming increasingly serious, strengthening the protection of rural environment is imminent. In our country, there are a lot of laws and regulations on the protection of rural ecological environment and rational utilization of resources, but they are very scattered, and there are not many operable laws aimed directly at the rural environment, and in some important fields, such as soil pollution prevention and control, There is no relevant legislation on non-pollution and non-pollution products management. At present, some scholars have realized the important role of the government in the ecological environment protection and governance, and have carried on the thorough and insightful research, but the research of the legal responsibility of the government in the rural environmental protection and governance is seldom concerned. Perfecting and perfecting the legal system of rural environmental protection and rational utilization of resources is a long-term mechanism to improve the rural environmental situation. In the process of perfecting the legal system of rural environmental protection, the author thinks that the legal responsibility of the government should be emphasized. The paper is divided into four parts: the first part analyzes the legal mechanism of rural environmental protection, and points out the limitations of industrial and agricultural economic organizations and rural residents to protect the environment. Thus establishing the leading position of the government in the rural environmental protection. In the second part, the author analyzes and studies the legal functions of the government in rural environmental protection, such as environmental decision-making, environmental management, environmental supervision, environmental coordination and environmental public service. The third part reveals the deficiencies and defects of the government's responsibility in environmental protection, system construction and system implementation, such as sustainable development, environmental democracy, environmental legal system and environmental justice. The environmental laws and regulations are not perfect, the legal protection of farmers' environmental rights is absent and the environmental public service mechanism is lacking, the environmental protection supervision, the management is not perfect, the environmental protection implementation is not in place, and so on. The fourth part, on the basis of analyzing the deficiency and defect of the government's environmental protection responsibility, puts forward some suggestions and suggestions on perfecting the legal function of the government's environmental protection, perfecting the government's environmental law enforcement mechanism and strengthening the law enforcement supervision and inspection. It is an important measure to solve the rural environmental problems of our country to make clear the responsibility of the government in the legal protection of the rural environment through the law. It is also the meaning of the construction of the new countryside, the environment-friendly society and the resource-saving society in our country.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前3条
1 房豪殿;农村垃圾处理法律问题研究[D];河南大学;2011年
2 赵秀华;农村环境保护法律实施机制研究[D];河南大学;2012年
3 赖斐然;我国农村环境侵权法律问题研究[D];延边大学;2012年
，本文编号：2286537
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