On Civil Relief To Rural Environmental Tort Under The Perspective Of Ecological Civilization

Profound changes have taken place in China in recent thirty years and the economy is getting rapiddevelopment nowadays. Our country has already ranked as the second largest economy among the world,standing in the eastern land and finding the road to prosperity which our ancestors had been searching for withgreat effort all the way. While approving our achievements, we must also realize the existing problems facingus with a clear mind, like the imbalance of economic development in different areas in China as well as theever-increasing environmental pollution and destruction along with the economic development. Specifically inthe rural areas of China, residents there do not enjoy the fair benefits brought by the reform and opening up,instead they have to suffer from the pollution from city. Environmental tort happens always in rural areas withno effective remedy available. In China, rural residents are the most vulnerable group with weakest awarenessand ability to defend for their environmental rights. Without proper relief system and social forces’ help, theenvironmental tort condition will become more grave and cause new social contradictions and thus to drag thepace of building ecological civilization and a beautiful country. Therefore, according to the features of thefarmer and the rural environment, it is urgent for us to refer to the protection of the farmer’s environmentalrights and interests as well as relative reliefs.Ecological civilization is a new pattern of civilization in the development of human civilization, which ison the premise of respecting nature, for the purpose of the harmony in man, man and nature as well as man andsocial, in order to establish sustainable mode of production and consumption patterns, so as to guide people ona path to sustainable development. As a challenge to traditional legal concept, environment tort requires updatethe legal concept. In this background, environment right produced in order to better the relationship betweencoordinator and nature as well as save humanity from environmental crisis, which is the guarantee of theecological civilization. Have the right to there will be a relief. To have real rights for right subject, we mustperfect relief system. So it is feasible to give rights to the environment under the perspective of ecologicalcivilization, discuss rural environment tort relief on the basis and put forward the basic idea of civil relief torural environmental tort.Rural environment tort relief should consider farmers environmental vulnerable status, economic status, cultural level and so on, and make corresponding tilt in the system for the weakness on the relief way. On the other hand, the choice of the ways of relief should respect the inherent society nature of rural society, and the concept of "acquaintances society" should respect the choice of relief ways. So civil relief to rural environmental tort should be a comprehensive reliefsystem, which forms relief force to achieve relief purposes.This paper starts from the basic environmental rights of citizenship and environmental tort, then make anin-depth analysis of the general situation of rural environmental tort and cardinal reasons for rural residents todefend their rights. It firstly touches upon the basic concept and value definition of ecological civilization andthen further analyzes the relationship between the concept of ecological civilization and rural environmentaltort. It attempts to find out the defects of the imbalanced rural environment relationship through the analysis ofthe status quo, presenting the current situation and weakness as to the existing rural environmental tort reliefsand pointing out that civil relief is the most effective way regard to rural environmental tort. Lastly, it putsforward to form a relief system which contains six parts focusing on the establishment of relief concept andsystem, the clarification of the claimant and relief method, the setup of civil relief measures and creation ofsocialized civil relief—environment lottery. This system basically includes self-help relief, public relief andsocial relief, in order to present an operational system advice for the rural environmental tort in practice of ruleof law.