Selection Of Legal Path For Realization Of Urban-Rural Environmental Justice

Since the outbreak of environmental justice movement of the United States in1982,environmental justice theory spread widely in western countries. The globalization ofenvironmental problems and the environmental justice movement becomingincreasingly fierce impels people to make further research on environmental justice. Thescholars of all countries make positive research which combined with the nationalconditions. China’s environmental justice divides into a number of aspects;environmental justice between the urban and rural is one of themAt present, the urban-rural environment justice is a practical pursuance in China,its existence and realization have abundantly theoretical basis. Based on the communitytheory, each community members is equal individual in a community environmentconsisting of urban and rural residents; under the guidance of Rawls’"fair justicetheory", urban and rural residents shall enjoy equal rights and reasonable and balancedenvironmental interests; the law，as a method of balance of interests, could makereasonable adjustment on environmental interests between urban and rural residents,which provides effective protection for he realization of environmental justice betweenurban and rural.China is a largely agricultural nation with nearly80%of farmers, and the DualStructure in urban and rural areas restricts the development of China for a long time,realizing the integration of urban and rural areas is one of the most important tasks inthe rapid development of China as a big power. The display of urban-rural developmentis not only in economic level but also in the environment level. At present, China ishighly restricted and influenced by different factors, the phenomenon of urban-ruralenvironment injustice can be seen everywhere, such as the shift of the urbanenvironment pollution toward the countryside area, the damage to the environmentrights of farmers in the rural environment resources exploitation, the deviation ofenvironmental regulation in rural area, etc. A basic reason for the phenomena is that theregulations and the systems of the law on urban-rural environmental justice is notperfect, namely, the legal construction of the urban-rural environment is imperfect,which mainly expresses the faultiness on the legal system of the rural environment, thelegislative defect of farmers’ environmental right, the injustice of the environmentalinterests, etc. Therefore, it admits of no delay to solve the problem of environmental protection, to realize the environmental legal system perfect, and to pursue theurban-rural environmental justice.Achieving the implementation of justice in the construction of legal system aboutenvironment in china and pursuing the urban--rural environmental justice ask improvingthe environmental rights of the peasants as the foundation, eradicating the dual structurein urban and rural areas, distributing the legitimate rights and interests between urbanand rural residents justly, and ensuring urban and rural residents enjoying legalenvironment rights and interests fairly by improving the legal system of the disclosureof environmental information, public participation, ecological compensation, ect.