Research On Legal Issues Of Farmers' Ecological Rights From The Perspective Of Rural Revitalization

During the 19 th National Congress of the Communist Party of China,rural revitalization was put forward as a high level of the national strategy,and ecological livability was one of the five requirements of the rural revitalization strategy.It put forward higher requirements for rural ecological environmental protection,and the related concerns of farmers' ecological rights protection also increases.In the past few decades,certain achievements have been made in rural ecological environmental protection,but under the background of rural revitalization,rural ecological environment is facing new challenges and risks.However,the protection of traditional farmers' environment cannot satisfy the demand of the rural ecological environment protection in the context of the new era.Based on this context,the emerging right of farmers' ecological rights was put forward.On the basis of defining the concept of farmers' ecological rights,this article points out that the difficulties faced by farmers' ecological rights stem from the lack of legislation on farmers' ecological rights,the imbalance of law enforcement and the imperfect judicial relief.This requires clarifying ecological rights in legislation,strengthening supervision in law enforcement,and perfecting remedies in justice.The main body of this article is divided into four parts.The first part introduces the concept of ecological rights and analyzes its theoretical basis.The second part elaborates the opportunities for farmers' ecological rights protection under the background of rural revitalization,and points out the solid and realistic foundation of farmers' ecological rights protection.The third part elaborates the plight of farmers' ecological rights protection under the view of rural revitalization and analyzes the reasons.The fourth part proposes that in view of the problems analyzed above,the ecological rights should be promoted in the constitution and the protection of farmers' ecological rights should be highlighted in the "Environmental Protection Law." Particularity;establish a cross-departmental linkage mechanism and other new systems to improve the rural ecological environment law enforcement system,establish an administrative relief agency for farmers' ecological welfare rights,and at the same time strengthen the rural ecological environment law enforcement supervision;improve the rural environmental public interest litigation system in the judicial field.In order to giving full play to the rural environment,an ecological compensation system for rural tourism and a free or low-fee opening mechanism for good ecological areas should be established.