我国城乡环保一体化的制度建构:理念、原则与路径

近年来,我国"城市环境趋向好转,农村环境不断恶化"这种城乡环境二元趋势的凸现,提出了城乡环保一体化的客观要求."城市中心主义"环境法制以及我国农民实质自由的严重匮乏是我国产生城乡环境二元趋势的根本原因.一些地方所采取的仅仅局限于环保领域的城乡环保一体化措施,并不能从根本上扭转城乡环境二元趋势.城乡环保一体化实践需要以更为全面的制度建构为基础.城乡环保一体化的制度建构应树立理性、人本、自由等基本理念,应坚持整体推进、科学建构、多元参与等基本原则.城乡环保一体化的制度建构路径,首先是消除对农民的各种制度性歧视,实现城乡居民的权利平等;其次,在推动地方民主与法治建设,推进司法体制改革、建立司法审查制度的基础上,健全与完善农民权利实现的保障机制,保证农民的各项权利最终成为"可实际行使"的权利.最后,还要建立适应农村环境保护要求的环境法制.

On the System Construction of Urban-rural Unification in Environment Protection in China;Idea,Principle and Path

In recent years, the urban environment has shown a turn-around and improved situation and the rural environment has become continually worsen. The bipolar trend in the environmental condition sets the objective request for urban-rural unification in environmental protection. This urban-centered legislation and the serious lack of substantive freedom for farmers has become the root cause for duality in environmental trend between cities and countryside. Some places have adopted some measures which only limited in environmental protection region for urban-rural unification, but it cannot completely change the duality in environmental trend between cities and countryside. The practice of urban-rural unification in environment protection in local places must be based on the omni-bearing system construction. The system construction for urban-rural unification in environment protection must be based on perseverance of fundamental concepts of rationality, humanity and freedom as well as the basic principles of integral promotion, scientific construction and multi-elemental participation. The basic path for this legal reform firstly is to eliminate all the institutional discriminations against farmers and to realize equality in rights for rural versus urban residents, then on the basis of promoting local democracy and legal construction, driving judicial system reform and establishing judicial censorship, to strengthen and complete a safeguarding mechanism for realizing farmers' right, ensuring that each right promised to farmers can be actually practiced, and finally to establish environmental legislations that are specifically suitable for rural environmental protection.