A Study On The Environmental Rights Of Rural Residents In China

The author has been very concerned the living condition of rural residents in China for all the time. Therefore, this paper selected the environmental rights of rural residents in China as research subject. At present, the infringement to environmental rights of rural residents in China is very serious. Although to be sure there is the corresponding discussion on this issue in a number of research papers, some of these documents are also concerned about the reality of Chinese dual structure of urban and rural economy, it seems to me that the concern on this issue should also be discussed in the context of globalization, particularly we should concern the dilemma of contemporary China: the paradox of industrial society and risk society. For this reason, this paper attempts to introduce Beck's risk society theory to expand research on China's rural residents' environmental rights.The subjects of the environmental rights include individual, majority of individuals and human being. Although China's rural residents are also the subjects of environmental rights in this paper, China's rural residents'environmental rights have own features: first, the right consciousness of rural residents'environmental rights is weaker, it does not conducive to self-advocated rights; second, the infringement to rural residents'environmental rights is more complex, the main question is that pollution sources on rural environment is more widely, both including pollution in production and living of rural residents, also including pollution in industrialization and urbanization; third, the intensity of protecting rural residents'environmental rights is relative insufficient. Both systemal protection and economic investment is relative short.Contemporary China is faced with the dilemma of industrial society and risk society in the context of globalization. In the classical industrial societies, the'logic'of wealth production ruled the'logic'of risk production. In the risk society, the relationship upside down. For now, China is in a coexistence state of industrial society and risk society. For Chinese government, it is necessary to address'I'm hungry'challenge, at the same time to solve the'I'm afraid'challenge. When taking economic construction as the center of the road of development, it indicates that it is the purpose to meet the demand of'I'm hungry'. But when we take the West as a reference in the process of advancing the development of industrialization and urbanization, rural areas and rural residents are not served as the primary object of concern, the disadvantaged position of rural residents is obvious. At the same time, due to the influence of urban and rural dual structure, there are many difficulties for the protection and relief of the environmental rights of rural residents.At the same time, the resident's environmental rights is not clearly provided by our Constitution and laws, and there is no unified legal system of protecting the rural resident's environmental rights. The number of environmental legislation is substantial, but many of them do not bring environmental pollution and destruction in rural areas into the legislative adjustments of vision. Rural environmental pollution in China is different from urban pollution, and the non-point source pollution caused by agricultural production is distinct from the point sources pollution in city. Judging from the existing environmental legislation, empowerment and relief provisions is less than control and compulsory provisions, which clearly has the characteristics of government control.The implementation of environmental rights of Chinese rural residents involves a number of factors. This paper mainly discusses from the following aspects: first, the strategy of sustainable development can be really carried out; second, there is legalization of environmental rights and the smooth judicial relief; third, there is effective transformation of the function of the environment legal administration; IV, the Chinese rural residents'consciousness of environmental rights is awakened.In short, because the farmers are the vast majority of China's population, the realization of their environmental rights means the civilization of China's development. Meanwhile, in the coexistence state of industrial society and risk society, the road of the realization of rural residents'environmental rights in China will be very rugged.