Legal Issues On Environmental Supervision In China's Rural Areas

In the Fifth Plenary Session of the Sixteenth CPC.The president Hu Jintao proposed" building a Resource-saving and Environment-friendly society" for the first time.That means the development of the social and economic must comply with the laws of nature, with minimal environmental input to the maximization of social and economic development, to form the interaction, harmonious coexistence and sustainable development among human, social, economic and natural. The natural environment is the material basis of survival and development of human society, and our farmers have the dual dependence of the natural environment as living conditions and means of production.Rural environment is the source of national existence and the national economy. However, environmental problems in rural areas intensified, rural environmental supervision has become focus of academic research in the current, therefore, to Co-ordination development of the urban and rural, the construction of new rural, and the harmonious society, establishing a legal system of rural environmental supervision is so urgent.To strengthen the supervision of the rural environment, the study is based on the reference of the experience in the legal system of the rural environmental supervision from the relevant countries and regions. Taken the law as the main perspective, and supplemented by other disciplines such as economics and management to the study of theory and practice. First of all, this study is sort out the theoretical basis of the rural environment supervision. In the law aspect, the theory of environmental rights of farmers, the theory of the environment constitutionality and the theory of adjustment are used; In the economics aspect, the theory of sustainable development, the theory of economic externalities and the theory of government failure are used. From the dual perspective of law and economics, the paper analyses systematically the issues of the rural environmental supervision, which provides a theoretical basis for studying the legal countermeasures of the current rural environmental supervision in our country.Secondly, through the study of the history and current situation of rural environment, reveal the problems and explore the causes:the problems of our rural environmental supervision including the object of environmental supervision complicated, the absence of the rural environment supervision main body, supervision inefficiency and rural environment supervision of the high cost and less effective. The causes of existing problems in rural environment supervision contains unsound rural environmental legal system in rural areas, incomplete rural environmental management system, the shackles of the urban and rural management system and environmental resources of rural property rights are unclear, and so on.Thirdly, the paper is to study the legal system of the rural environmental supervision of relevant countries and regions. Through the investigation of the status of the rural environment supervision in the developed countries such as the United States, Japan and France, the developing countries such as India and Brazil, and through deeply analysis of the rural environment supervision in different countries, provide some experience for the supervision of the rural environment in our country. And the experiences are following: improving the rural environment monitoring operation mechanism, focusing on the use of market mechanisms and economic instruments to improve the efficiency of the rural environmental supervision, environmental non-governmental organizations play positive role in rural environmental supervision, the implementation of public participation in environmental supervision and strengthen public environmental education, and so on.Finally, the supervision Ideas of China's rural environmental supervision should be established firstly.It is should be targeted at the characters of the development of the rural non-governmental finance, when choose the mode of the rural environmental supervision in our country, to build a trinity supervision system, that is, leading supervision of the government, fundamental role of village committees, self-discipline of farmers and businesses,and a supporting role of the society environmental organizations. The construction of the specific legal system of China's the rural environmental supervision includes:the legal system of the supervision subjects, the legal system of the supervision market, the legal system of the supervision responsibility and the legal system of the supervision relief. From the clarity of property rights environmental resources in rural areas and the expand investment to the rural environment, improve the rural environmental protection regulation to run the legal system.To ensure the healthy and sustainable development of rural environmental supervision, it is hoped that this paper could provide reference to the legislation and enforcement of relevant government departments.