Study On Legal Mechanism For The Western Farmers Participating In Ecological Remediation

There has been a certain theoretical and practical success in environment protection of Chinese eastern region. Due to the development strategy and policies orientation, the government paid main attention to the infrastructure construction, environmental remediation and protection of eastern region, and ignored the environmental protection of western region, especially the western rural areas in the past. Meanwhile, with Chinese western rural population increasing and economy development, the ecological environment of the rural area is worsening. Soil erosion, land desertification, vegetation destruction are more and more terrible. Such as in Guizhou and Guangxi which are most karsts areas in the west of china, the land desertification has been very serious. The forest coverage rate of Guizhou province where the natural ecological environment is deep destructed has dropped to 12.6% from 42% at the beginning of The Founding. And it increases 933 square kilometers rocky desertification land every year. Farmers are Chinese relative lower class of income, and the western farmers are the poorest class in the western region. All the ecological environment problems seriously impact on the farmer's production, quality of life and hinder the development of the rural economy. At present, the western region's agriculture foundation conditions are being gradually collapse; therefore, it is imperative to repair the damaged rural ecological environment. If this problem cannot be well solved, the national economy will not continually and healthily develop, social stability will be influenced, and living environment of future generations will be damaged. In order to improve the western rural ecological environment, ecological remediation is an effective, economize method with quick returns.To repair the west ecological system of agriculture can greatly improve the whole western ecological environment, and be closely linked of the western farmers'production and life. But the ecological remediation project implementation will cause many problems which effect farmers'existing production and life. At that moment, the market regulation or government administrative measures cannot fully resolve, therefore, we must assign initiative to farmers, absorb them to participate and let them involve in a series of ecological restoration, which has a very good offset function of government and market not touching areas, and an important significance to construct and perfect public participation and legal system in environmental protection in China. The western developed countries have successful experience. In order to unilaterally pursue the economic efficiency, they ignored ecological environment in the early industrial development. They gained the final revenge of the environment, where whatever economic or ecology has been hit. Then, they began to realize the importance of environmental protection and necessity of ecological remediation. They actively encourage and guide peasants to participate in ecological restoration through legal system construction, relevant policy guidance, the perfection of ecological compensation measures and assistance of non-governmental organizations, which received a good effect. Public participation is based on democracy and the rule of law and the farmers to participate ecological remediation is based on autonomy. The higher degree and level of public participation in the country are the higher degree of the country's development of democracy and the rule of law is. Therefore, the western farmers participate in ecological remediation in some extent could as an indicators of China's western rural democratization process and the rule of law. The degree and level of public participation of farmers are higher, the degree of democracy and the rule of law of the western rural areas are higher; without peasants public participation, democracy and the rule of law are hard to get substantial progress in the western rural areas. Although the level in participating ecological remediation of our western farmers still is not high, the representative weak, participation range unclear, information limited and environmental consciousness low and so on, a series of problems, we are still on the basis of actual situation with the reference of foreign successful experience to actively guide farmers to participate. So that, we can guarantee the smooth implementation of ecological remediation project, promote the ecological environment as soon as possible, and promote the process of democratization and legalization the rural western part of China.This paper consists of seven parts:introduction, body of five parts and epilogue. The introduction describes the significance, status quo, and evaluation of the topic. The first part of the body mainly introduces the public participation and the basic theory of ecological remediation, and discusses the relationship between ecological remediation and public participation; The second part focuses on the status and experience of foreign farmers to participate in ecological remediation, and sum up the experience worth reference to China through analysis of the situations in the United States, Europe, Japan and other developed Western countries; the third part introduces the status quo, main approaches and significance of the participate in ecological remediation of the farmers in western China, to reflect the need for remediation through the deterioration of ecological environment in west, to analyze the existing problems by analyzing the status of farmer participation to ecological remediation, and describes some of the ways of farmers to participates the ecological remediation and the significance of ecological remediation; fourth part introduces the practice of the farmers in western China to participate in ecological remediation and gives Guangxi Luzhai County's ecological remediation as a case to analyze and summarize; the fifth part mainly focus on the rationalization proposals of ecological restoration to improve the participation of ecological remediation for farmers in western China.