乡村振兴背景下农村生态环境的良法善治

Good law and good governance of rural ecological environment under the background of Rural Revitalization

乡村振兴战略的提出对农村生态环境治理而言,既是机遇也是挑战。目前我国农村生态环境法治建设存在以下不足:立法层面,我国环境立法理念滞后;执法层面,存在执法困境与执法不力的现状;守法层面,贫困是农民违反环境法律的重要诱因。因此,为实现农村生态环境的良法善治,其一,应矫正以城市为中心的环境立法倾向;其二,应将“互动性”理念渗入立法和执法的全过程;其三,应构建保护环境与解决贫困的统一法律机制。

The proposal of rural revitalization strategy is both an opportunity and a challenge for rural ecological environment governance.At present,there are the following deficiencies in the legal construction of rural ecological environment in China:In terms of legislation,the concept of environmental legislation in China lags behind;In terms of law enforcement,there are the current situation of law enforcement difficulties and weak law enforcement;At the law-abiding level,poverty has become an important reason for farmers to violate environmental laws.Therefore,in order to realize the good law and good governance of rural ecological environment,firstly,we should correct the tendency of city-centered environmental legislation;Secondly,the concept of“interaction”should be infiltrated into the whole process of legislation and law enforcement;Third,we should build a unified legal mechanism to protect the environment and solve poverty.