关键词: 秸秆焚烧, 生物质能源, 环境权, 法律规制, 农村生态补偿

Abstract: Burning straws contributes to one of causes for the serious air pollution in China,which is caused by the change of rural production pattern and lifestyle,the thorough solution of this issue should rely on the systematic,comprehensive social and economic measures. After analyzing the command and control,the law regulation mechanism with economic incentive and public participation as well as its effectiveness of the current prohibition of burning straws in China,it was concluded that the poor implementation effect of governing measures was rooted in the environmental rights. The dual structure of urban and rural areas resulted in the weak environmental awareness,relatively low environmental demand and bad environmental governance capacity of rural residents. Thus,to obtain the desired effect,the costs and benefits of peasants must be balanced in governance.China may consider driving the policies of agricultural scale,mechanization and social ecologicalization based on the ecological compensation and in combination of national biomass energy development,strengthening the support and subsidies of national finance and social governing funds for the straw treatments,making use of various incentive measures,promoting a legal governance for solving burning straws by the economic mean based on balance of costs and benefits.

Key words: straws burning, biomass energy, environmental rights, legal governance, rural ecological compensation