村规民约在生态环境治理中的困境与提升  

The Dilemmas of Village Rules and Regulations in Ecological Environment Governance and Their Improvement

作　　者：李爱年[1] 岳亚鹏 Li Ainian;Yue Yapeng

机构地区：[1]湖南师范大学法学院

出　　处：《民间法》2024年第4期3-20,共18页

摘　　要：村规民约承载着农村生态环境治理的重要任务。分析可知,村规民约的生态环境治理作用受国家认可,其中的生态环境规范与时俱进,治理过程体现出自治性及与法的交融性。但目前村规民约在生态环境治理中还存在文本呈现难以回应农村生态环境治理要求,实施过程受乡土生态环境理念阻碍,环境法治保障力度不足等困境。为此,应当加强农村地区环境法治教育,完善村规民约的立约程序与实体架构,加强村规民约与环境法治的衔接。The village regulations and customs bear an important task of ecological environment governance in rural areas.Through empirical analysis of laws,cases,and village regulations and customs texts,it can be seen that the ecological environment value of village regulations and customs is being recognized at the national level,and the ecological environment regulation of rural areas has begun the modernization process.Moreover,village regulations and customs have the characteristics of self-governance and interaction with state law in ecological environment governance.However,at present,village regulations and customs still face dilemmas such as difficulty in responding to the ecological environment governance system,obstacles in the implementation process hindered by local ecological environment concept,and lack of state force to ensure implementation.Therefore,it is necessary to standardize the generation path of village regulations and customs,grasp the contradictory and unified relationship between village regulations and customs in ecological environment governance,and promote the mutual interaction between village regulations and customs and environmental law.

关 键 词：村规民约 生态环境治理 乡土生态环境理念 环境法治 

分 类 号：D922.68[政治法律—环境与资源保护法学] D920.4[政治法律—法学]