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探讨如何在转型期的城镇化进程中,有效应对以生态风险为代表的各类风险,对当下的生态文明建设和绿色发展具有重要的现实意义。伴随着人口的聚集和工业的进驻,农村城镇化既会带来环境污染的不断累积,也会造成自然资源的大量耗费,同时也会占用大量的生态空间。基于对这些生态风险现状的分析,阐明我国在应对农村城镇化产生的污染累积性生态风险、资源耗竭性生态风险、生态空间占用性生态风险及复合型生态风险时,固然会受到经济社会等方面的影响,但更主要是因为出现了法律规制失灵的困境,存在着应对生态风险的法律法规体系不完善、司法救济效能有待提升、行政监管能力有待加强等滞碍因素。为有效规制城镇化生态风险,应以规范分析为进路,以法制生态化为方向,从完善生态立法,增强生态司法效能,提高生态执法能力等几个方面提出消解城镇化生态风险法律规制滞碍因素的具体对策。
To explore how to effectively deal with all kinds of risks represented by ecological risk in the process of urbanization during the transition period is of great practical significance to the current ecological civilization construction and green development. With the accumulation of population and industrial presence, rural urbanization will not only cause continuous accumulation of environmental pollution, but also cause a great amount of consumption of natural resources and will occupy a large amount of ecological space. Based on the analysis of the status quo of these ecological risks, it is clarified that while dealing with the cumulative ecological risk of pollution, resource-depleting ecological risk, ecological risk of occupying ecological space and composite ecological risk in rural areas, our country will certainly suffer from economic and social problems But mainly due to the dilemma of the failure of legal regulation, the imperfect laws and regulations of ecological risk, the pending improvement of judicial remedy, the need to strengthen administrative supervision. In order to effectively regulate the ecological risk of urbanization, the legal regulation of ecological risk of urbanization should be proposed in the following aspects: standardizing analysis, taking the ecological system of the legal system as the direction, improving the ecological legislation, enhancing the ecological judicial efficiency and improving the ecological enforcement ability Specific measures to prevent factors.