乡镇企业环境污染的法律对策研究
发布时间：2018-07-25 14:29
【摘要】： 乡镇企业是我国特有的一类企业,是我国计划经济向市场经济过渡中的产物。改革开放30年来,乡镇企业为我国经济发展作出了巨大贡献,但由于其数量多、分布广、规模小、管理水平低等原因,给我国部分地区尤其是农村地区带来了严重环境污染问题。为了有效的遏制乡镇企业的环境污染,建设“村容整洁”的社会主义新农村,同时使乡镇企业继续保持稳定的发展势头,持续为国民经济发展贡献力量,有必要运用各种手段保护环境、防治污染,而运用法律手段防治乡镇企业环境污染具有尤为重要的作用和意义。 本文应用资料收集、实证研究、专家咨询、数据处理和比较分析等方法,研究了我国乡镇企业环境污染及相关法律制度的现状,并与国外相关领域的法律制度进行了对比研究,发现我国乡镇企业环境污染的相关法律制度确立及实施存在着诸多问题。首先,我国乡镇企业环境污染防治法律制度的立法水平低,不但法律质量不高、法律修改不及时,甚至整个法律体系尚不完备。其次,我国乡镇企业环境污染防治法律制度实施不顺畅,存在对乡镇企业环境污染防治认识不足、政策指导不力、管理机构不健全、管理规划缺乏等诸多弊端。总之,我国现行的乡镇企业环境污染防治的立法和法律实施已经无法适应乡镇企业环境污染日益恶化的需要。为了解决乡镇企业的环境污染问题,必须借鉴国外先进经验,强化乡镇企业的环境义务观念,确立合理的乡镇企业环境保护目标,并必须从一个动态的角度出发,在制度建设和制度实施两方面制定出有效的法律对策。在制度建构上,要确立乡镇企业生态补偿制度、强制实行循环经济制度、环境标志制度等十一项法律制度,并从法律制度的守法、执法、司法三个方面对乡镇企业污染防治法律对策进行完善。其中乡镇企业环境义务的规定、乡镇企业污染防治法律对策的目标的设定、乡镇企业污染防治法律机制的总结都是在文中首次总结界定出来的,而生产者责任延伸制度、消费者责任延伸制度、强制实行循环经济制度、公众参与制度也都是对我国乡镇企业环境污染防治法律对策的创新和发展。 随着我国加入WTO和中西部开发的继续推进,研究乡镇企业环境污染防治对策的理论和模式,有利于改善农村生态环境、提高农村人口生活质量、促进乡镇企业持续健康发展,对于对全国大部分省区,特别是中西部地区治理乡镇企业的环境污染、生态破坏和资源浪费等,具有一定的借鉴价值和指导意义。
[Abstract]:Township enterprises are a kind of special enterprises in our country, which are the result of the transition from planned economy to market economy. In the past 30 years of reform and opening up, township enterprises have made great contributions to the economic development of our country. However, due to their large number, wide distribution, small scale and low management level, It has brought serious environmental pollution to some areas of our country, especially in rural areas. In order to effectively contain the environmental pollution of township enterprises, to build a new socialist countryside with "clean and tidy villages", and at the same time, to enable township enterprises to continue to maintain a steady development momentum and to continue to contribute to the development of the national economy, It is necessary to use various means to protect the environment and prevent pollution, while the legal means to prevent the environmental pollution of township enterprises has a particularly important role and significance. Based on the methods of data collection, empirical research, expert consultation, data processing and comparative analysis, this paper studies the current situation of environmental pollution and related legal systems of township enterprises in China, and makes a comparative study with the relevant legal systems in foreign countries. It is found that there are many problems in the establishment and implementation of the related legal system of environmental pollution of township enterprises in China. First of all, the legislation level of environmental pollution prevention and control legal system of township enterprises in our country is low, not only the legal quality is not high, the law revision is not timely, and even the whole legal system is not complete. Secondly, the implementation of environmental pollution prevention and control legal system of township enterprises in China is not smooth, there are many drawbacks such as insufficient understanding of environmental pollution prevention and control of township enterprises, weak policy guidance, imperfect management organization, lack of management plan, and so on. In a word, the current legislation and enforcement of environmental pollution prevention and control of township enterprises have been unable to meet the needs of worsening environmental pollution of township enterprises. In order to solve the environmental pollution problem of township enterprises, we must draw lessons from foreign advanced experience, strengthen the concept of environmental obligations of township enterprises, establish reasonable environmental protection objectives of township enterprises, and proceed from a dynamic point of view. In the system construction and the system implementation two aspects to formulate the effective legal countermeasure. In the construction of the system, it is necessary to establish the ecological compensation system for township enterprises, to enforce 11 legal systems, such as the circular economy system and the environmental marking system, and to abide by the law and enforce the law from the perspective of the legal system. Judicial three aspects of township enterprises pollution prevention and control legal measures to improve. The provisions of environmental obligations of township enterprises, the setting of the target of the legal countermeasures of township enterprises' pollution prevention and control, and the summary of the legal mechanism of township enterprises' pollution prevention and control are all defined for the first time in this paper, and the extended system of producer responsibility. The extended system of consumer responsibility, the compulsory implementation of circular economy system and the system of public participation are also the innovation and development of the legal countermeasures for the prevention and control of environmental pollution of township enterprises in China. With China's entry into WTO and the further development of the central and western regions, the study of the theory and mode of environmental pollution prevention and control of township enterprises is conducive to improving the rural ecological environment, improving the quality of life of the rural population, and promoting the sustainable and healthy development of township enterprises. It has certain reference value and guiding significance for most provinces and regions in China, especially in the central and western regions, to control the environmental pollution, ecological destruction and waste of resources of township enterprises.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
本文编号：2144115
[Abstract]:Township enterprises are a kind of special enterprises in our country, which are the result of the transition from planned economy to market economy. In the past 30 years of reform and opening up, township enterprises have made great contributions to the economic development of our country. However, due to their large number, wide distribution, small scale and low management level, It has brought serious environmental pollution to some areas of our country, especially in rural areas. In order to effectively contain the environmental pollution of township enterprises, to build a new socialist countryside with "clean and tidy villages", and at the same time, to enable township enterprises to continue to maintain a steady development momentum and to continue to contribute to the development of the national economy, It is necessary to use various means to protect the environment and prevent pollution, while the legal means to prevent the environmental pollution of township enterprises has a particularly important role and significance. Based on the methods of data collection, empirical research, expert consultation, data processing and comparative analysis, this paper studies the current situation of environmental pollution and related legal systems of township enterprises in China, and makes a comparative study with the relevant legal systems in foreign countries. It is found that there are many problems in the establishment and implementation of the related legal system of environmental pollution of township enterprises in China. First of all, the legislation level of environmental pollution prevention and control legal system of township enterprises in our country is low, not only the legal quality is not high, the law revision is not timely, and even the whole legal system is not complete. Secondly, the implementation of environmental pollution prevention and control legal system of township enterprises in China is not smooth, there are many drawbacks such as insufficient understanding of environmental pollution prevention and control of township enterprises, weak policy guidance, imperfect management organization, lack of management plan, and so on. In a word, the current legislation and enforcement of environmental pollution prevention and control of township enterprises have been unable to meet the needs of worsening environmental pollution of township enterprises. In order to solve the environmental pollution problem of township enterprises, we must draw lessons from foreign advanced experience, strengthen the concept of environmental obligations of township enterprises, establish reasonable environmental protection objectives of township enterprises, and proceed from a dynamic point of view. In the system construction and the system implementation two aspects to formulate the effective legal countermeasure. In the construction of the system, it is necessary to establish the ecological compensation system for township enterprises, to enforce 11 legal systems, such as the circular economy system and the environmental marking system, and to abide by the law and enforce the law from the perspective of the legal system. Judicial three aspects of township enterprises pollution prevention and control legal measures to improve. The provisions of environmental obligations of township enterprises, the setting of the target of the legal countermeasures of township enterprises' pollution prevention and control, and the summary of the legal mechanism of township enterprises' pollution prevention and control are all defined for the first time in this paper, and the extended system of producer responsibility. The extended system of consumer responsibility, the compulsory implementation of circular economy system and the system of public participation are also the innovation and development of the legal countermeasures for the prevention and control of environmental pollution of township enterprises in China. With China's entry into WTO and the further development of the central and western regions, the study of the theory and mode of environmental pollution prevention and control of township enterprises is conducive to improving the rural ecological environment, improving the quality of life of the rural population, and promoting the sustainable and healthy development of township enterprises. It has certain reference value and guiding significance for most provinces and regions in China, especially in the central and western regions, to control the environmental pollution, ecological destruction and waste of resources of township enterprises.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.6
【引证文献】
相关硕士学位论文 前2条
1 刘弘;黄土高原县域环境污染防治体系研究[D];西北大学;2011年
2 刘颖;我国农村水环境污染防治立法问题研究[D];辽宁大学;2011年
，本文编号：2144115
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