本研究选取湘中地区9个行政村为研究对象,从立法、执法、司法和守法四个方面对农村环境保护问题进行研究。农村环境保护立法疲软无力,缺乏统一的基本法规范,而且有法律规定欠缺针对性,难以为农村环境保护提供明确的执法依据;农村环境保护执法漏洞诸多,主要体现为执法体制不顺、执法部门职能交叉不清;农村环境保护司法状况亦不容乐观,一方面是村民的权利保护意识较弱,有关维权的诉讼较少,另一方面是环境公益诉讼制度存在不完善之处,导致大多环境侵权案件无法进入诉讼程序;村民的环保法治意识不高,导致其守法积极性较低。在法治视野下,农村环境保护的立法、执法、司法和守法亟待完善,以实现美丽乡村建设的愿景。
This empirical research selected 9 typical administrative villages in Hunan province as research objects. In terms of the situation of legislation, enforcement of law, justice and obedience of law, the research was done in these villages. The study finds out that in the villages, the legislation is ineffective for lacking pertinence. Meanwhile, lacking the basic rural environment protection law makes the situation worse. As a result, administrative agencies cannot find accurate legal basis when they perform. On the other hand, the enforcement of law has many defects since the powers and functions of the administrative agencies are not very clear. The justice in protecting the rural environment is not good as expected for two reasons, the first reason is that the awareness of rights protection of the residents in villages is at low level; the second reason is that public interest litigation system has defects making many environmental cases being kept outside the door of court. Moreover, the legal awareness of residents in villages is not enough so that many of them do not obey the law. In order to achieve the goal of ecological civilization construction, improvement should be made in legislation, enforcement of law, justice and obedience of law of the rural environmental protection.