Study On The Legal Protection Of Environmental Interests Of Farmers

Current legislation is lack of necessary care for the environmental interests of farmers. The existing environmental laws and regulations are mainly suitable for urban environmental management. The rural environment are affected by agricultural pollution and the pollution transferred from city. The result is that, the rural ecological environment is severely damaged. In view of the dual dependence on the environment of farmers, namely as living conditions and the dependence of production, compared to urban residents are farmers more dependent on environment. In the long-term urban-rural binary system development mode, farmers have become environmental disadvantaged group. Received increasing attention in environmental protection today, farmers can no longer be discarded outside the environmental protection system. As equal subjects of law, farmers should have the same legal rights as urban residents. The environmental interests of farmers should be equally protected by laws. Based on this, under the valuable guidelines of environmental justice and sustainable development we make a study on the legal protection of the famers'environmental interests to enable farmers to equitably share of environmental benefits.This article is divided into five parts.The first part is the definition of environmental interest to farmers. This part firstly analyze the concept of environmental interest. We conclude that, the environmental interest is the humans'needs on environment. Then is the definition of environmental interest for farmers. The paper describes in derail the meaning, classification of farmers'environmental interest, also its particularity compared with general environmental interests.The second part analyzes the necessities to protect the farmers'environmental interest from both jurisprudential and empirical aspects. As to jurisprudential analysis are based on the implementation of environmental justice and the protection of farmers'subsistence right; and the empirical analysis is mainly from three aspects, namely the protection of life and health of farmers, promoting agricultural development and the maintenance of stability of rural society.The third part is the comparative investigation and reference of the protection of farmers'environmental interest. Firstly introduces the experience of developed countries on rural environmental protection. Then summarizes the enlightenments in our legislation, mainly from three aspects, namely the clear legislative guidelines, complete environmental legislation, higher environmental standards and establishment of corresponding institutional guarantees.The forth part inspects the current legal protection of farmers'environmental interest of our country. Based on the expatiation of our current legislation summarizes this part the mainly existing problems of our legislation.The fifth part makes legislative suggestions for the aforementioned problems. Specifically, it should under the guidelines of people-oriented, fairness and justice and the concept of sustainable development make legislative implements. And from substantive and procedural aspects to improve the system related to protection of farmers'environmental interest.