Research On The Rights And Interests Of Ecological Migrants

To elaborate how to protect the rights and interests of ecological migrants, this paper is divided into the following six parts: introduction, identification of the rights and interests of ecological migrants, the problems and the major influencing factors in protecting the rights and interests of ecological migrants, the principles should be followed, the way of improving the level of protecting the rights and interests of ecological migrants and the conclusion.Eco-migration is a special type of migration to protect the ecological environment. With the population, resources and the environmental problems having attracted the full attention of the world, China has organized ecological migration in ecologically fragile areas since the late 20th century. However, the rights and interests of ecological migrants have suffered great damage for various factors in practice, which involving many complex issues, so that there is a big gap between the practical results and the ultimate goal of ecological migration. Therefore, based on the present situation of the impaired rights and interests of ecological migrants, researched on the deep reasons, and summarized the five suggestions that improving the protection of the rights and interests of ecological migrants, this paper seek to make elaborate exposition.In the introduction part, the author described the background of the article, domestic and international research status, theoretical significance, methods used in research, and so on.The body of this paper has four parts. The first part is about identification of eco-migrants'rights and interests. Identifying the eco-migrants'rights and interests related environmental law is the first key the author should emphasized in this thesis. Through inspecting environmental right on academic research, and combined with the existing knowledge accumulated , the author finally reached conclusion that the eco-migrants'rights and interests related environmental law discussing in this article include: the right to participate environmental affairs, the right to receive compensation, the right to survive and develop, the right to complaint and get relief.In the second part, the author analyzed the main problems and factors of protection in migrants'rights and interests. The main problems include: the low participation level in planning, the low compensation standard, the blocked survival and development after migration, the tribulation in the course of appeal and finding relief. These problems are raised primarily based on a large number of examples, together with a variety of data to demonstrate. The main factors of protection in migrants'rights and interests are the second key the author should emphasized in this paper. As the factors, eco-migrants themselves have these problems: poverty, low cultural quality, old-fashion ideas, and so on. Government-led model, as the major impact, is reflected in funding, efficiency and corruption. Here, the author used the basic methods of economics and with examples for analyzing.In the third part, the author proposed five principles that should be followed in protecting eco-migrants'rights and interests.The fourth part, discussing about the way of improving the level of protecting the rights and interests of eco-migrants, is the third key the author should emphasized in this thesis. the author hold that a sound migratants'rights and interests should learn from useful experience of other types of migration at home and abroad, and combine with eco-migration itself to improve the protecting way. First of all, we should establish the migrantive participation and complaint system. In this field, we should try to our best in four aspects: the stage of participation, the channels of participation and complaint, the capacity of participation and complaint, information disclosure and transmission. Second, we should establish a fair and reasonable compensation system that include evaluating migrants'properties reasonably and legally, conducting a hearing on the compensation standards, establishing the ecological compensation system. Again, we should establish the post-support system, including to protect their standard of living, their employment, and to enhance training for them. In addition, we should give full play to the coordinating role of government and market. Based on the thinking of "company + farmers" eco-governance model, the author proposed introducing the market mechanisms moderately. Finally, because the existing legal system is unperfected, the author proposed to strengthen the eco-migration legislation, improve the legal security system on eco-migrants'rights and interests.In the conclusion part, the author clarifies the main ideas and perspectives once again.