The Study On The Legal Issues Of Urban-rural Pollution Transfer In China

With the urban-rural dual structure in our country for a long time, the interests of farmers and rural environment often make sacrifices for the development of cities and industries. That sacrifices in rural areas, not only in resources development, but also reflected in the Urban-rural pollution transfer. with the awakening of the environmental awareness among urban residents and the accelerating of industrial structure upgrading of city, A large number of urban industries pour pollutants into rural areas, and lots of enterprises high pollution and high energy consumption are transferred from urban to rural areas to establish a new base, along with backward industrial technologies and equipment which are likely to cause severe pollution and are phased out or banned. Accelerated urbanization makes the urban population more and more, resulting in a growing number of municipal pollutants, but urban Garbage disposal capacity is very limited, and most of the waste disposal sites were constructed in rural areas, then lots of pollutants were transported to rural. In addition, city residents also sell lots of obsolete electronic products with low prices to the countryside; some villagers even had electronic waste recycling plants for gaining economic interest, which leading to more and more electronic waste shipped to the countryside.Urban-rural pollution transfer not only threatens the rural areas that have little rural pollution prevention capacity, hindering the process of constructing harmonious society and new countryside, but also goes against the principle of sustainable development. Environmental protection is a national policy in our country, China is a country under the rule of law, and so environmental protection not only depends on the policy, but also need more effective legal protection for environmental protection work. However, in the face of Urban-rural pollution transfer, China has no specific law to control; scholars have rarely works for that as well. The author choose this topic, firstly describe the basic problems of the pollution transfer and urban-rural pollution transfer, and explain the concepts, classifications and path, which laying the theoretical foundation for later, Then analysis the grim situation of urban-rural pollution transfer and discusses its damages for rural areas; With that bases on the analysis of existing environmental legislation to identify defects in terms of Urban-rural pollution transfer, and put forward diversification legal countermeasures to regulate urban-rural pollution transfer. They include erecting the legislative idea of environmental justice, filling the legislative vacuum, perfecting the legal system about environmental regulation.