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农业面源污染问题是农村现代化发展过程中的顽疾,亟须法律制度加以解决。当前我国农业面源污染防治法律制度还存在立法理念陈旧、法条可操作性差、执法薄弱、司法受限及法律责任缺失等诸多弊端,严重制约了建设生态文明社会的目标诉求。针对当前我国制度现状,结合域外经验,应当从转变立法观念、完善防治法律、建立农村环境执法机构、健全公众参与机制、提供经济刺激和技术保障等层面加以完善。只有攻克农村环境面源污染,才能保障国人的环境权益。
The problem of agricultural non-point source pollution is a stubborn illness in the process of rural modernization and an urgent need to be solved by the legal system. At present, the legal system of prevention and control of agricultural non-point pollution in our country still has many defects such as outdated legislative concepts, poor operability of laws, weak law enforcement, limited judicial jurisdiction and lack of legal responsibility, which severely constrain the objective demands of building an ecological and civilized society. Aiming at the current situation of our country’s system and combining with the experience outside the territory, we should improve our policy by changing the legislative concept, perfecting the prevention and control law, establishing a law enforcement agency in the rural environment, improving the mechanism of public participation, and providing economic stimulation and technical support. Only by capturing non-point source pollution in rural areas can we safeguard the environmental rights and interests of the people.