城乡要素双向流动背景下乡村生态环境治理的法治转型OA

The bidirectional flow of urban and rural factors has induced profound reorganization of land,labor,and capital,reshaping rural social structures while posing severe challenges to existing environmental regulatory frameworks.Advancing the legal transforma-tion of rural ecological environmental governance has become an urgent imperative to address the realities of urban-rural integration.Despite continuous policy orientation toward rural ecological protection,the existing legal framework still struggles to decouple from"urban-centric"path dependency,resulting in systemic dilemmas across dimensions of normative adaptation,institutional supply,and grassroots implementation.From a legal perspective,rural ecological governance under factor flows exhibits a triple structural predica-ment:① The current environmental legal system fails to fully encompass the composite characteristics of rural ecological spaces,lead-ing to a significant absence of normative configurations in specific fields.② The cross-regional flow of factors reshapes ecological func-tional patterns,exacerbating role conflicts faced by local governments between acting as"development promoters"and"environmental regulators,"leading to performative alienation.③ Coupled with weakened grassroots autonomy,the governance effectiveness of village-level organizations and residents'participation rights lack substantive institutional support,hindering the functioning of"governance community"mechanisms.In response to these issues,this study proposes a three-dimensional path for the legal transformation of rural ecological environment governance:① At the normative level,we should rely on a collaborative model of moderate codification and spe-cialized legislation.Taking the enactment of the Ecological and Environmental Code of the People's Republic of China as an opportuni-ty,specialized legislation shall be adopted to institutionalize local knowledge and beneficial practices embedded in village regulations.② Regarding rights allocation,a balanced mechanism for distributing urban and rural environmental rights and interests should be con-structed to address the differentiation of ecological interests triggered by factor flows and guide spatial governance toward an ecological security-oriented paradigm.③ In terms of procedural safeguards,arrangements such as information disclosure and standardized third-party access should be refined to establish the principal status of rural residents within the legal framework,achieving a paradigm shift from passive management to substantive participation.