我国农民环境权益保护机制的建构

Construction of Protective Mechanism of Environmental Rights and Interests of Farmers in China

环境权是农民所享有的基本权利之一,具有人权属性,关乎到作为弱势群体之一的广大农民的生存与发展。建构农民环境权益的保护制度是完善农民基本权利体系的需要、反映了环境正义的内在要求,也是实现美丽中国的生态文明图景的诉求。农村环境法律制度的核心是农民环境权的确立,我们应该立足于我国农村环保工作起步晚、基础差、配套薄弱等特点,科学地明晰农民环境权的涵义,改善农民环境权益的司法救济途径,完善农村环境监管,不断健全农民环境权益保障制度。

Environmental rights is one of the fundamental rights that farmers are entitled to. It is in the nature of human rights and relates to the existence and development of the broad masses of farmers as one of the vulnerable groups of the society. The construction of the protec- tive mechanism of the environmental rights and interests of farmers not only reflects the demand for improving the system of the fundamental rights of farmers and the inherent requirement of environmental justice, but also embodies the appeal to accomplish the prospect of ecological civilization of ＂Beautiful China＂ . The core of the environmental legal system in rural areas is the establishment of environmental rights of farmers. Taking into account the characteristics of belated start, poor basis and weak support of the environmental protection work in the rural are- as in China, we should scientifically define the meaning of environmental rights of farmers, improve the method of judicial relief for the environmental rights and interests of farmers, a- meliorate the supervision and regulation of rural environment, and continuously improve the protective mechanism of the environmental rights and interests of farmers.