Research On The Legal Protection Of Farmers' Environmental Right

Farmers' environmental right is the essential right of the farmers' survival and development. Because of the dual structure of the city and countryside as well as other subjective and objective reasons in China, it has caused many disadvantages for the farmers in politics, economy and so on. As a result, many rights, including the environmental right, are encroached from the majority of farmers. Since the peasants account for the vast majority of China's total population, we may say that their regaling on the environmental right can reflect the nation's environmental protection level. Moreover, constrained by the dual structure, farmers' environmental right also had its own particularities. At the same time, the peasant, as a citizen, has the common citizen's and his own particular environment benefit demands, based on its main body's natural qualities and the social attributes.Therefore, during the social reform and the socialism new rural reconstruction, it becomes very essential and important to study and discuss the questions about the farmers' environmental protection right. To make a comprehensive survey, there are many works on environmental right and citizens' environmental right. But there are few studies to focus on the weak class at home. And most of the studies in this field just stay on the surface, lack of systems. This paper aims to make up the point by making a systematic study on farmers' environmental right.The paper is divided into three parts:Part one is a brief review on the development course of the environmental right. Based on this, the author proposes farmers' environmental right, and gives out its definition. Meanwhile, on the basis of the peasants' own features, the author also probes into the value and significance of the environmental protection.Part two studies the damage conditions of the entity and procedure rights about the farmers' environmental right. And the author makes an analysis from the legal angle, such as the confirming mistiness and flaw of environmental constitution,If the environmental light constitution confirmed the fuzziness or the flaw, the legislative lag of the rural environment protection, the system's flaw of the rural environment information disclosure, the light consciousness of the farmers' environmental protection and so on.In view of the fact that the farmers' environmental right is frequently infracted which is caused by the lack of the law protection, part three puts forward the strategies to perfect the farmers' environmental protection, to enable the farmers, this special main body, to obtain the legal equal protection equally with other main bodies, and to show the social fairness and the justice. The concrete legal countermeasure includes: The environmental constitution's confirmation, Accelerating speed up the pace of legislation for environmental protection in rural areas, the system's establishment of the rural environment information disclosure, raising the farmers' environmental consciousness, the perfection of the relief system on the environmental right infringement judicature and so on.