Research On Rural Environmental Regulations Of China

In a general sense,rural environmental regulations refer to the folk norms related to the utilization and management of rural environmental resources and rural environmental protection.From the perspective of structure,rural environmental regulations contain a clear relationship of rights and obligations,that is,it stipulates the environmental behavior that people should or prohibit and the consequences of behavior,so it objectively guides,educates and restricts the environmental behavior of villagers.From the perspective of the formulation,rural environmental regulations are the result of village collective or villagers’ independent choice and democratic decision-making,and reflects the public will of the village.From the perspective of the implementation,rural environmental regulations depend not only on the villagers’ inner consciousness,but also on the heteronomy mechanism,such as setting up the material punishment and spiritual reward mechanism,and using the reputation punishment mechanism to ensure the implementation.From the perspective of practice,the rural environmental regulations are faced with the dilemma of operation failure,and they are criticized for their formalization,homogenization and virtual localization.The existing literature shows that there are deficiencies in the research contents and methods of rural environmental regulations.In terms of research content,scholars mostly focus on the conceptual characteristics,historical evolution,normative composition,functional value and relationship with national laws of rural regulations and environmental customary law,but lack of special research on rural environmental regulations.In terms of research methods,scholars usually regard the operation of rural environmental regulations as the result of the application of regulations,lack of attention to the rural environmental regulations in action,ignore the influence of social factors on its operation process,and it is difficult to explain the deep reasons for the failure of rural environmental regulations.With the help of Bourdieu’s field theory,this paper deeply studies the operation practice of rural environmental regulations from internal and external perspectives.The study found that the field theory under the perspective of the rural environment statute operation is a dynamic complex,field with actors collaboration and game,dynamic field outside has a legal and power to intervene.In terms of the factors within the field,that is,individual villagers,rural elites,civil organizations and other actors use their own capital and resources to influence the operation of rural environmental regulations.As far as the external factors are concerned,the legal field influences the operation of the rural environment through the ways of legal regulation,legal assimilation and law going to the countryside.The power field intervenes and controls the formulation and operation of rural environmental regulations through policy setting,administrative tasks and administrative review.The current operation practice of rural environmental regulations is faced with the imbalance of internal structure of the field,the excessive presence of state power,the risk of autonomy,and the dilemma of conflict with the law,which leads to the failure of operation.From practice,this paper proposes the following ways to improve the operation effect of rural environmental regulations: First,optimize the internal structure of the field,that is,by determining the core actors,call on other subjects to form an interest alliance,and realize the interest coupling of multiple subjects.The second is to keep the boundary of state power.Only when the environmental order is strongly impacted and interfered by external forces,state power will actively intervene.At the same time,it shapes the authority of village community and establishes the connection between state power and rural society.Thirdly,the independent reconstruction of rural environmental regulations can be achieved by improving the main content of rural environmental regulations,standardizing procedures and improving evaluation rules.The fourth is the benign interaction between rural environmental regulations and local environmental legislation,which is realized by the way that rural environmental regulations lead and supplement local environmental legislation,and local environmental legislation absorbs and guides rural environmental regulations.