The Constitutional Protection of Environmental Right of Farmers
|Course||Constitutional and Administrative Law|
|Keywords||environmental right fundamental right pollution transfer farmer constitutional protection|
It has been more twenty years already when the scholar begun to pay attention to environmental right, but many disputes never be solved. Many researchers consider that the environmental right is not taken as a right; the courts can’t apply for it in the suit. The dissertation holds that environmental right isn’t only as a right in the law, but as a constitutional right. It is the result of environmental protection.It is well known that the environmental quality in the cities is changed better by degrees, but at the same time the majority of rural area is undertaking serious pollution because of lack of enough anti-pollution experiments. So the farmers undoubtedly have become the feeble group in environmental protection, it is vital to them on constitutional protection of environmental right.The country must comply with the idea of environmental protection and develop the functions of the environment right in subjective and objective aspects, such as defense function, institutionelle garantien, organization and procedural safeguards, duty to protect. We should recognize environmental rights as soon as possible in the constitution, construct the legislation system of the environment protection, strengthen the administrative enforcement and improve the judicial relief system.