美丽乡村建设视域下的环境法思考

Meditation of Environmental Law from the Perspective of the Construction of Beautiful Villages

美丽乡村建设作为新农村建设的"升级版",是针对前一阶段新农村建设过程中出现的农村生态环境保护的突出问题,根据十八大报告将生态文明纳入国家现代化建设"五位一体"总布局所提出的新要求,需要从农业生产方式改革、农村治理模式创新和农民权利保障方面进行整体谋划,进行合理的制度安排。但是,建立在"城乡二元结构"立法思维下的环境法律制度对美丽乡村建设存在严重的制度供给不足,因此,必须通过制定和修改法律来完善农村生态环境保护制度:消除环境立法中的"城乡二元结构",切实保障农民环境权益,健全农村生态环境管理体制和机制。

The construction of beautiful villages is the upgraded version of the construction of new villages. It is a new requirement targeting the striking points of rural ecological and environmental prob- lems emerged in the previous new village construction and responding to the notion of ecological civiliza- tion proposed in the report of the 18th Congress of the Communist Party of China. This needs holistic planning and reasonable institutional arrangements according to the reform of the ways of agricultural production, the innovation of the models of rural governance, and the protection of the rights of farmers. However, the environmental law based on the urban-rural dichotomy makes the supply of rules seriously insufficient for the construction of beautify villages. Therefore, it is necessary to improve the legal regime for the protection of rural ecology and environment by revising and improving the law, as evidenced by e- radicating the urban-rural dichotomy in the environmental law, effectively protecting farmers＇ rights and interests, and improving the institutions and mechanisms of rural environmental protection.