The Protection Of Farmers’ Rights And Interests From The Perspective Of The Environmental Tort

The farmers are the kind of people who have the agriculture registered permanentresidences, living in the rural areas and engaging in agriculture producing.Environmental tort is an act that shall bear civil liability because of the infringementor the risk of infringement in personal rights and property rights which is due to theenvironmental medium pollution or destruction caused by industrial activites orman-made reasons. For the farmers, the environmental medium pollution ordestruction is actually the rural environment pollution or destruction. The farmers’rights and interests infringed by the environmental tort include the farmers’ personalrights, the property rights, and other interests. The personal rights’ infringementinclude the infringement of the body rights, the health rights and the life rights. Theproperty rights’ infringement include the direct property losses and the indirectproperty losses.The types of the rural environmental pollutions mainly include thewater pollution, the air pollution and the solid waste pollution,and in which the waterpollution is the most serious and the common type of pollution.Compared to the cityresidents,the farmers are affected by environmental pollution deeper, broader, longerand the affected is more difficult to prevent and resolve.In contrast to city residents,the farmers are more vulnerable to environmentalpollution due to the restriction of their own conditions and the characteristics of ruralenvironement. The income of the farmers and health are closely related to the ruralenvironment.Once the rural environment is destructed,farmers’ property right and thehealth right will be directly affected.Since the laws of our country in the regulation ofurban and rural pollution transfer as well as the rural environmental protectionmechanism is not perfect, our rural environment often suffers from the citys’pollution infringement. The condition is becoming more and more serious.Farmers arealso facing many obstacles in safeguarding their own rights and interests caused bythe limitations of their own economic conditions and the lacks of knowledge. Theenvironmental pollution which is infringing the farmers also belongs to the samecategory of environmental tort, and also applies to the current environmental tort law.But as a special group,farmers often encounter many deficiencies when they use theselaws to safeguard their own rights and interests.In order to safeguard the famer rights and interests,and reduce the farmers’ losses in property, China should establish agricultural insurance systems to safeguardfarmer income. China should also build a rural centralized water supply mechanismand food detection mechanism though improving the relevant laws and regulations,which would cafeguard the famers’ health rights and interests. Through theimprovement of legislation, China can improve the regulations for urban and ruralpollution transfer, and the rural environmental protection management mechanism.China should also strengthen the farmers’ rights relief which is infringed byenvironmental tort.