乡村生态振兴及其法治保障

乡村生态振兴是实现乡村"天更蓝、水更绿、生态宜居"的顶层设计,其法律内涵包括改善乡村人居环境,保护和改善乡村生态环境,推进绿色产业、绿色农业、绿色旅游发展三方面内容;其核心是平衡多元价值。乡村生态振兴面临多重现实困境,主要表现为污染源头多样、治理难度大,制度供给乏力以及治理方式单一。乡村生态振兴法治保障可从三个方面展开:首先,以国家立法为基础,突出地方环境立法的补强功能,形成完善的农村生态环境保护法律规范体系;其次,推动政府主导的单轨环境治理机制向多元主体参与的双向互动治理机制转变;再次,发挥法治与德治在乡村生态振兴中的规范作用。

Rural Ecological Revitalization and Its Rule of Law Guarantees

Rural ecological revitalization is the top-level design of "bluer sky, greener water and ecological livability" in rural areas. Its legal connotation includes improving the rural living environment, protecting and improving the rural ecological environment, and promoting the development of green industry, green agriculture, and green tourism, and its core is to make equity and choice between multiple values. Rural ecological revitalization faces the difficult situation, mainly due to the difficulty of management caused by the diversity of pollution sources, the lack of institutional supply and the single way of governance. The Rule of law guarantees of rural ecological revitalization can be developed from the following aspects: firstly,we should take national legislation as the basis and emphasize the reinforcing function of local environmental legislation, so as to form a complete legal system of rural ecological environmental protection;secondly, we should promote the change from the monorail environmental governance mechanism led by the government to the two-way interactive governance mechanism with the participation of multiple subjects;thirdly, we should bring into play the normative role of rule of law and rule of virtue in rural ecological revitalization.