新时代农村人居环境治理法治保障研究

Research on Legal Guarantee of Rural Human Settlement Environment Governance in the New Era

农村人居环境治理既是推进生态文明建设实现美丽中国的重要内容,也是开展乡村振兴战略实现民族复兴的重要举措。虽然我国农村人居环境整治依靠中央文件已经取得了显著成效,但是如何巩固现有整治的胜利成果并形成农村人居环境治理长效机制却离不开法治保障。当前我国农村人居环境治理存在法律制度供给不充分、权责界定不清晰、法治意识不觉醒和监督机制不到位等问题。农村人居环境治理要走向法治化轨道,需要不断完善农村人居环境立法,运用系统思维和整体思维制定农村人居环境单行法律;明确政府的职责,建立乡镇政府直接责任、县级政府主体责任和省级以上政府领导责任的职责体系;强化村民的义务,引导村民参与建设并自觉守法;增强法治思维,强化农村人居环境治理主体法治意识;健全监督问责机制,从权力约束权力的角度完善环境监察和问责制度,从权利制约权力的角度完善大众参与监督机制。

The governance of rural human settlements is not only an important part of advancing the construction of ecological civilization to achieve beautiful China,but also an important measure to carry out the strategy of rural revitalization and achieve national rejuvenation.Although the governance of China’s rural human settlements relied on central documents has achieved significant results,how to consolidate the existing results of the successful renovation and form a long-term mechanism for the construction of rural human settlements is inseparable from the guarantee of the rule of law.At present,the construction of rural human settlements in China has problems such as insufficient supply of legal systems,unclear definition of rights and responsibilities,unconsciousness of the rule of law,and inadequate supervision mechanisms.To build the rural human settlements environment towards the rule of law,we need to start from the following aspects:continuously improving the legislation of rural human settlements environment and using system thinking and overall thinking to formulate a single law on rural human settlements environment;clarifying the government’s responsibilities,and establishing township level responsibility system for direct government responsibility,the main responsibility of county level governments,and the responsibility of government leadership at and above the provincial level;strengthening the obligations of villagers,guiding villagers to participate in construction and consciously abide by the law;improving the environmental monitoring and accountability system from the perspective of power restraining power,and improving the public participation of supervision mechanism from the perspective of power restraining power.