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A Study On The Rule Of Law In Rural Environmental Governance

Posted on:2021-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:B R MiaoFull Text:PDF
GTID:2381330626953678Subject:Law
Abstract/Summary:PDF Full Text Request
Environmental governance should have been part of rural development.But,in recent years,rural environmental pollution has become increasingly severe.Meanwhile,with the environmental awareness of the rural residents improving,a series of unavoidable conflicts occur.In order to further optimize the rural environment and realize the promotion of "improving the living environment of rural people" to "beautiful rural construction",it is very necessary to use the rule of law thinking and the method of rule of law to govern the rural environment.However,there are still many problems that need to be resolved in a timely manner during the process of legalizing rural environmental governance.First,the problem is that the governance basis is not targeted,the operability is low,and there is a certain conflict;second,the reform should be carried out first,the law enforcement team is not well connected,and the government's responsibility is not in place;Third,the cost of judicial remedies is high,and public interest litigation is hindered.Finally,the public lacks guarantees in participating in supervision.In view of the above problems,this article will take HeNan Province as an example,by analyzing the problems that have occurred in the governance of the rural environment in Henan Province,and consulting the relevant data and references,from the four levels of legislation,justice,law enforcement,and supervision Propose corresponding countermeasures.In terms of legislation,through the use of "ecological civilization" as the evaluation standard,we can then formulate,modify,delete,and integrate existing data related to rural environmental governance basis,resolve different governance basis to resolve conflicts,improve governance effect,and strengthen local domain targeting Legislation to further improve the operability of governance basis;In terms of law enforcement,the law enforcement work should be organized in an orderly manner,the government's responsibilities should be clearly defined,the local situation should be investigated in person,and the needs of specific practice should be served;In the judicial area,reduce the cost of litigation in environmental cases.In civil public interest litigation,there is a limit to expand the qualification of the plaintiff.In administrative public interest litigation,the limitation caused by lack of evidence is broken through as the key to whether the administrative organ performs its duties without prosecution;in terms of public supervision,it guarantees the accuracy and authenticity of information when rural residents participate in rural environmental decision-making,strengthens the government's “direct guidance” and“ public opinion guidance” and establishes A benign feedback mechanism after participation,so as to better implement public participation in all aspects of rural environmental governance.Improvements in the four areas of legislation,justice,law enforcement,and it's the core requirements of the Fourth Plenary Session of the Eighteenth Central Committee of the Party and the No.1 Document of the Central Committee."Law of law" to solve rural environmentalproblems and promote the legalization of rural environmental governance,at the same time will enhance rural residents' environmental awareness and environmental governance capabilities.This article takes the rural areas of Henan Province as the research object,but the proposal of governance measures is not limited to Henan Province.Through the detailed discussion of this article,it can provide valuable governance experience for the national rural environmental governance.
Keywords/Search Tags:Rural area, environmental governance, rule of law
PDF Full Text Request
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