On The Realization Path Of Peasants' Environmental Rights In China

In the past few decades,the optimization and upgrading of China's urban industrial structure has led to the transfer of many high-pollution and high-tax industrial enterprises to rural areas,the rural environment has been deteriorated dramatically.At the same time,the rapid development of modern agriculture has also brought a small impact on the rural environment,unscientific and unreasonable extensive agricultural production mode to aggravate the rural environmental pollution.However,the existing laws and regulations,environmental policies and other efforts on rural environmental protection are far from enough,in this context,the improvement of the rural environment,to protect the farmers ' environmental rights of the growing voice.The research of environmental rights have getting results,but there are also many puzzles and defects.Through the interpretation of the connotation of environmental rights,the determination of environmental right boundary,this paper not only provides a theoretical basis for environmental rights being "constitutional" but also for the legal protection of farmers ' environmental rights.In addition,this paper emphasizes that the realization of rights should be guaranteed not only at the legislative level,but also through a series of ways,such as judicial,law enforcement,law-abiding,public participation and supervision.Through the analysis of rural environmental quality in China,we can understand that farmers' environmental rights are seriously damaged and faced with great difficulties.It is an urgent and arduous task to realize farmers' environmental rights.After interpreting the relevant theories of farmers' environmental rights,this paper takes the theory of environmental justice and the Theory of Environmental public trust as the legal basis for proposing farmers' environmental rights,and imports the indirect protection path and empirical measures for rural environment in the United States and Europe.Based on the analysis of the bottleneck of the realization of farmers' environmental rights in China,this paper holds that we should proceed with the realization of farmers' environmental rights from the following two aspects,that is,breaking through the realistic dilemma of farmers' environmental rights and perfecting the legal aid mechanism,so that farmers' environmental physical rights and procedural rights can be guaranteed.