论农村环境法治实现的路径——来自日本里山里地环境保护机制的启示

On the Realization of Environmental Rule of Law in Rural Area——Enlightenment from the Environmental Protection Mechanism of Satoyama in Japan

农村环境问题复杂,多种类型污染与生态破坏相互交织,仅靠国家通过制度构建进行规制难以应对,自发秩序的生成应是农村环境法治的重要路径。日本在农村环境保护过程中,重视里山里地环境保护自发秩序生成机制,采取包括强制性协议和自愿性协议在内的合意措施,确认环境保护相关习惯的法律效力,保护和改善了环境。我国在农村行政资源匮乏情况下,更应促进农村环境保护自发秩序的形成,构建农村环境保护协议制度,确认相关习惯与村规民约的法律效力,以实现农村环境法治。

Environmental problems in rural area are very complicated in China since there are multi- type pollution as well as degradation of ecosystem. It is difficult to deal with these problems merely by the regulation of the government through system construction. Therefore, the growth of spontaneous orders should be a significant path of environmental rule of law in rural area. In the course of rural environmental protection,Japan attaches great importance to the growth of spontaneous orders in environmental protection of Satoyama. The rural environment in Japan is protected and improved through adapting both compulsory agreement and voluntary agreement and acknowledging the custom law. Due to the shortage of administrative resources in rural areas,China should promote the formation of spontaneous orders in rural environmental protection, establish the system of rural environmental protection agreement, acknowledge the legal effect of village customs and rules so as to realize environmental rule of law in rural area.