农民环境权的宪法“关怀”与权利困惑--生态文明时代再考察

The Constitutional Solicitude and Perplexity of Peasants’ Environmental Rights:A Re-examination in the Era of Ecological Civilization

农民环境权是农村环境保护和优先发展、可持续发展的核心与关键。在生态文明时代,农民环境权的新内涵是农民环境权利与义务的统一。环境权虽未入宪,但我国宪法环境保护规范体系的不断完善,使农民环境权得到了我国宪法的"关怀"。然而,农民环境权长久以来却面临着权利"真空"的困惑。为此,再重视、保护与完善农民环境权,寻求农民环境权走出权利困惑的出路,是对优先发展农业农村和建设生态文明强国的回应与构建策略之一。

Farmer’s environmental right is the core and key of rural environmental protection,priority development and sustainable development. In the era of ecological civilization,the new connotation of farmers’ environmental rights is the unity of farmers’ environmental rights and obligations. Although the environmental right has not been put into the constitution,the continuous improvement of the environmental protection system of our constitution has made the environmental right of farmers still receive the "solicitude" of our constitution. However,the environmental rights of farmers have been facing the"vacuum"of rights for a long time. Therefore,attaching more importance to,protecting and perfecting farmers’ environmental rights and seeking a way out of the right perplexity are the strategies to respond and build a strong country with ecological civilization.