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Legal Issues on Environmental Supervision in China’s Rural Areas

Author: LiangShanShan
Tutor: ZhangYan
School: Huazhong Agricultural University
Course: Economic Law
Keywords: Regulatory Regulatory body Regulatory approach Supervision of the rural environment
CLC: D922.6
Type: Master's thesis
Year: 2011
Downloads: 115
Quote: 1
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Abstract


Sixteenth CPC Fifth Plenary Session of Comrade Hu Jintao first proposed the construction of resource-saving and environment-friendly society \to minimize the environmental input to achieve the maximization of social and economic development, the formation of mutual promotion between the human, social, economic and natural, harmonious coexistence and sustainable development. The natural environment is the material basis for the survival and development of human society, and our farmers as production and living conditions of the double dependence on the natural environment, rural environment is the source of life and the national economy of the National People's fundamental. But rural environmental problems intensified the rural environmental regulation in this area has gradually become the hot spot of the current academic research in China, Therefore, in order to balance urban and rural development, the new rural development and harmonious society building, establish and improve the rural environment regulatory legal system has become essential. To strengthen the supervision of the rural environment, the drawing on the basis of the relevant national rural environmental regulatory experience Legal Perspective, theoretical and practical studies and complemented by economics, management and other disciplines. The study of rural environmental regulators theoretical basis to sort out. Law aspects of the use of the theory of the environmental rights of farmers, the environment, the rule of law on the Regulation Theory; economic aspects of the use of the theory of sustainable development, economic externality theory and the theory of government failure. Systematic analysis based on the dual perspective of law and economics, rural environmental regulatory issues, and to provide a theoretical basis for the study of rural environmental regulatory legal countermeasures. Secondly, through the the Historical Investigation with the status quo of China's rural environmental regulatory considerations reveal the existence of the problem and explore its roots: the supervision of the rural environment, the main problems in include rural environmental regulatory object is complicated, rural environment regulatory body becomes vacant, rural environmental regulatory inefficiencies and rural environmental regulatory costs, low benefits. The root of the problem of the rural environment existing macro level urban-rural dual management system bound level on the rural environment and the legal system is not perfect and rural environmental resources property rights are unclear on the micro-level. Again, examine the relevant national the rural environmental regulatory legal system. By examining the United States, France, Japan and other developed countries, the regulatory status of India, Brazil and other developing countries the rural environment, rural environmental regulators in different countries for in-depth analysis to provide some experience and learn from China's rural environmental regulation, drawn The following draw conclusions: to improve the the rural environmental regulatory running mechanism, focusing on the use of market mechanisms and economic instruments to improve rural environmental regulatory efficiency, and play the role of environmental non-governmental organizations active in the rural environmental regulatory implementation of public participation in the environmental regulatory strengthen public environmental education. Finally, in the rural environmental regulatory legal system should first establish the rural environment, the concept of supervision should focus on the characteristics of the rural environment, the rural environmental regulatory mode is selected, environmental regulators in rural areas, to build a \play the dominant role of grass-roots government forces, and to play the role of the fundamental forces of Villagers' Committees, to play the role of farmers and enterprises of the power of self-discipline and social environmental organizations play an auxiliary forces acting. Specific legal system of China's rural environmental regulatory constructed mainly include: supervision of the principal legal systems, the legal system of a regulated market, the regulatory responsibility of the legal system and regulatory relief legal system. Angle at the same time from the clear environmental resources in rural areas of property rights and the expansion of the rural environment funding to improve the regulation of the legal system run protection of the rural environment. In this thesis reference of legislation and law enforcement, to the relevant government departments to ensure the health of the rural environment, and sustainable development.

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