环境权弱势群体：农民的环境权保护
发布时间：2018-10-08 12:22
【摘要】： 环境权是在全球环境恶化的过程中逐渐被人们所认识的新型人权。环境权已经在许多国家从法律层面得到确认。在全球环境问题越来越受到关注的今天,中国的环境问题依然严重。城市经济发展带来的环境污染,已被有识之士深恶痛绝。然而农村地区的环境正在遭到更为严重的破坏——城市工业污染、生活垃圾转移到农村等现象接连发生。这给农村的环境带来极大的危害,农民的环境权正受到严重侵害。在公平平等的法治社会中,保护农民环境权对于维护环境公平、保护农民的生存权,保障人权均有重大意义。特别是在我国社会主义快速发展转型时期,提倡人与自然和谐发展,构建社会主义和谐社会的历史强音和建设社会主义新农村的时代背景下,更具有重要的现实意义。 农村环境的持续恶化对广大农民的生产生活造成了巨大的危害。作为弱势群体,农民在政治文化上的低影响力和在经济上的贫困弱势地位决定了其权利易受侵害,权利的实现手段也极其不足,权利救济困难。特别是我国特有的城乡二元制结构,导致了农民的权利很大程度上被制度性消解。农民作为一个群体与城市居民相比,其环境参与权、环境知情权、环境请求权等各方面都保护不足——环境知情权获取渠道少、参与权缺位、对于环境污染后环境请求权所表现出来的无奈和被动等等,这都体现了农民环境权保护所面临的困境和难题。 要切实而深入的保护作为弱势群体的农民的环境权利就必须对其进行特别的关注和保护。首先,从法律上确认公民环境权,完善针对农村现状的环境立法。其次,改善农村环境执法现状。保证环境法律法规在农村的切实实施;同时加强农民环境参与权和环境知情权的保护;推进农村环境保护新机制的建立。再次,加强环境司法,建立和完善农民环境权利补偿机制,建立环境公益诉讼来保障农民的环境请求权。另外,从财政上保障农村基本的环境投入,提高农村污染防治能力;加强宣传,提高农民的环保意识,在发展经济的同时深入贯彻可持续发展的观念。农民的环境权保护是一项巨大而复杂的工程,要达到全面保护农民环境权,实现环境保障的公平平等,我们还有很长的路要走。
[Abstract]:Environmental right is a new type of human rights gradually recognized by people in the process of global environmental deterioration. Environmental rights have been recognized at the legal level in many countries. Today, China's environmental problems are still serious when the global environmental problems are paid more and more attention. Urban economic development has brought environmental pollution, has been deeply hated by the people of insight. However, the environment in rural areas is being seriously damaged-urban industrial pollution, the transfer of domestic waste to rural areas and other phenomena occurred one after another. This brings great harm to the rural environment, farmers' environmental rights are being seriously infringed. In a fair and equal society under the rule of law, protecting farmers' environmental rights is of great significance for safeguarding environmental fairness, protecting peasants' right to exist and safeguarding human rights. Especially in the period of rapid development and transformation of socialism in our country, it is of great practical significance to advocate harmonious development between man and nature, to construct the historical strong tone of socialist harmonious society and to build a new socialist countryside. The continuous deterioration of the rural environment has caused great harm to the farmers' production and life. As a vulnerable group, peasants' low influence in political culture and poor and weak position in economy determine their rights are vulnerable to infringement, the means of realization of rights are extremely inadequate, and the relief of rights is difficult. In particular, the unique urban-rural dualistic structure of our country has led to the elimination of farmers' rights to a large extent by the system. Compared with urban residents, farmers' environmental participation right, environmental right to know, environmental claim right and so on are not protected enough-there are few channels for obtaining environmental right to know, and the right to participate in the right of participation is absent. The helplessness and passivity of environmental claim after environmental pollution all reflect the difficulties and difficulties faced by farmers in protecting their environmental rights. In order to protect farmers' environmental rights as a vulnerable group, we must pay special attention to and protect them. First of all, affirm citizen's environmental right legally, perfect the environmental legislation aiming at the present situation of the countryside. Second, improve the current situation of rural environmental law enforcement. To ensure the implementation of environmental laws and regulations in rural areas; at the same time to strengthen the protection of farmers' right to participate in the environment and the right to know; to promote the establishment of a new mechanism for environmental protection in rural areas. Thirdly, strengthen environmental justice, establish and perfect the compensation mechanism of farmers' environmental rights, and establish environmental public interest litigation to protect farmers' environmental claims. In addition, the basic environmental investment in rural areas should be guaranteed financially, the ability of pollution prevention and control in rural areas should be improved, propaganda should be strengthened, farmers' awareness of environmental protection should be raised, and the concept of sustainable development should be carried out while developing economy. The protection of farmers' environmental rights is a huge and complicated project. We still have a long way to go in order to fully protect the farmers' environmental rights and realize the equality and fairness of environmental protection.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6;D422.6
本文编号：2256731
[Abstract]:Environmental right is a new type of human rights gradually recognized by people in the process of global environmental deterioration. Environmental rights have been recognized at the legal level in many countries. Today, China's environmental problems are still serious when the global environmental problems are paid more and more attention. Urban economic development has brought environmental pollution, has been deeply hated by the people of insight. However, the environment in rural areas is being seriously damaged-urban industrial pollution, the transfer of domestic waste to rural areas and other phenomena occurred one after another. This brings great harm to the rural environment, farmers' environmental rights are being seriously infringed. In a fair and equal society under the rule of law, protecting farmers' environmental rights is of great significance for safeguarding environmental fairness, protecting peasants' right to exist and safeguarding human rights. Especially in the period of rapid development and transformation of socialism in our country, it is of great practical significance to advocate harmonious development between man and nature, to construct the historical strong tone of socialist harmonious society and to build a new socialist countryside. The continuous deterioration of the rural environment has caused great harm to the farmers' production and life. As a vulnerable group, peasants' low influence in political culture and poor and weak position in economy determine their rights are vulnerable to infringement, the means of realization of rights are extremely inadequate, and the relief of rights is difficult. In particular, the unique urban-rural dualistic structure of our country has led to the elimination of farmers' rights to a large extent by the system. Compared with urban residents, farmers' environmental participation right, environmental right to know, environmental claim right and so on are not protected enough-there are few channels for obtaining environmental right to know, and the right to participate in the right of participation is absent. The helplessness and passivity of environmental claim after environmental pollution all reflect the difficulties and difficulties faced by farmers in protecting their environmental rights. In order to protect farmers' environmental rights as a vulnerable group, we must pay special attention to and protect them. First of all, affirm citizen's environmental right legally, perfect the environmental legislation aiming at the present situation of the countryside. Second, improve the current situation of rural environmental law enforcement. To ensure the implementation of environmental laws and regulations in rural areas; at the same time to strengthen the protection of farmers' right to participate in the environment and the right to know; to promote the establishment of a new mechanism for environmental protection in rural areas. Thirdly, strengthen environmental justice, establish and perfect the compensation mechanism of farmers' environmental rights, and establish environmental public interest litigation to protect farmers' environmental claims. In addition, the basic environmental investment in rural areas should be guaranteed financially, the ability of pollution prevention and control in rural areas should be improved, propaganda should be strengthened, farmers' awareness of environmental protection should be raised, and the concept of sustainable development should be carried out while developing economy. The protection of farmers' environmental rights is a huge and complicated project. We still have a long way to go in order to fully protect the farmers' environmental rights and realize the equality and fairness of environmental protection.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.6;D422.6
【引证文献】
相关硕士学位论文 前1条
1 陈朋莉;论产业转移中的农民环境权益保护[D];西南政法大学;2011年
，本文编号：2256731
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