Abstract: The rural ecological protection marginalized in legal system, rural ecological resources rights entities phantom and rural ecological damage lack of relief mechanism is institutional problems which ecological protection in dilemma in rural facing. Only defining the farmer’s right subject position of rural ecological resources in the legislation, giving farmers rights on rural ecological of protection and utilization, informed participation, relief and so on, farmers can strive for the right to speak in the legislation based on their ecological interests, and this is the long-term mechanism and the fundamental way to solve the ecological problems in rural areas. Therefore, the legislation of our country should as soon as possible require farmer’s ecological rights, safeguard the realization of farmer’s ecological right and power.