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On the protection of farmers' environmental rights in China

Author: YangDongXiang
Tutor: QiHaiMing
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: The environmental rights farmers’ environmental rights protection
CLC: D922.68
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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The farmers have occupied the most of the population, It is said that farmers’ environmental rights enjoying situation directly reflect the development level of the national environment protection. Therefore, in the construction of the new countryside period, studying and discussing the problem of the farmers’ environmental rights is necessary. This text defines the farmers’ environmental rights and analyses the current farmers’ environmental rights, Then constructing and perfecting the farmers’ environmental rights, hoping the whole society who can be more aware of the urgency and the importance of the protection of the farmers’ environmental rights in the social transformation period, at the same time, that opinion can also provide the theoretical foundation for the protection legislation and system designing of the farmers’ environmental rights in the future.This paper is divided four parts. The first part is the basic theory, including a summary of the environmental rights, the characteristic and the basic theory of the farmers’ environmental rights. We should understand the environmental rights at the beginning, firstly we should understand the various circles on the environmental rights, then illustrate the characteristics and the content of the farmers’ environmental rights. The environmental rights are the introduction of the theory of the farmers’ environmental rights.In order to grasp the farmers’ environmental rights, we should accurately posit the farmers’ environmental rights, and give the theoretical basis for the constructing and perfecting the farmers’ environmental rights in the next part.The second part analyses the status of the farmers’ environmental rights. Nowadays, our farmers’ environmental rights are not optimistic, as well as the current legal system and the uncompromising contradictions, so we analyses the causes and characteristics for the farmers who are vulnerable groups, and we also scan the current situation of the farmers’ environmental rights from the consciousness to practice areas.The third part analyses the difficulties of the farmers’ environmental rights. There are five problems:lack of protection legislations about farmers’ environmental rights, protection agencies which set unreasonable, the protection social resource allocated is not reasonable, the difficulties in the protection of the farmers’ environmental rights, and our farmers lack of the ecological compensation system. At last, summarize the experience and lesson, in order to benefit for the system designed for the farmers’ environmental rights in the future.The fourth part is about of construction and profect the protection of the farmers’ environmental rights. We will fully guarantee the farmers’ environmental rights in order to improve farmers’ autonomy, also improve our farmers’ consciousness of the environment protection. At the same time we still need to construct the protection legislation, establish government agencies and farmers’ participation system. And in this context, we should strengthen the enforcement monitoring system. Finally, after the environment polluted, we should protect the farmers’ environmental rights from those three aspects:firstly, establish Public Interest Litigation; Secondly, establish the ecological compensation system; Thirdly, establish the legal aid system. This paper based on the three Demarcation point to construct the protection system of the farmers’ environmental rights, I hope that we can take more multi-angles and more measures to protect the environmental rights for our farmers.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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