Research On The Government Responsibility On Guarantee Of Environmental Rights

Value proposition of human rights is a response to the tension between the objective world of human survival and development. The environment has become one of the important factors affecting human survival and development. Correspondingly, environmental rights has become one of human rights exist as an independent form of human rights. Environmental rights means that citizens have the right to enjoy the quality of the environment that is suitable for the survival and development. And its integral independent value determines the properties of their fundamental rights, and further determines its attributes of legal rights and social rights, which also means it should be guaranteed positively by power. The claim of environmental rights not only need the protection from public authority in abstract sense, but also need positive action by liability subjects. Through refinement and guidance from the level of moral and actual, environmental rights needs guarantee by government, which is the responsibility destination. Remolding the theory of guarantee of environmental rights by liability subjects, it raised higher requirements to the government that is the liability subjects. However, limited by the defects and shortcomings of legal system, the Chinese government has failed to ensure citizens’ environmental rights. In this regard, experience from extraterritorial legislation on environmental protection of environmental rights of government responsibility provides plentiful experience for perfection the corresponding legal system in our country. Aimed at the problems in our country, this paper provides the advice for construction and improvement of legal system of ensuring the government responsibility of protecting environmental rights.The first chapter is the introduction of this article to discuss the research background and the theoretical and practical significance of and the research. Based on domestic and foreign research on the government responsibility on guarantee of environmental rights, the thoughts of this paper have been determined.The second chapter discusses "the nature, content and security of environmental rights". By proofing the nature of environment right as human rights, this chapter defines the connotation of environment right, and analyses the subject, object, and right system of environmental rights. Based on logical derivation of human rights values, the nature of fundamental right, legal right and social rights, environmental rights should be protected by the nation with positive action. Furthermore, it finally point at government that is guarantee subjects.The third chapter discusses about "basic theory of government responsibility on guarantee of environmental rights". From perspective of political science, economic science and law science, the chapter clarified the basic theory of why the government should be responsible for guarantee of environmental rights is the theory of Social Contract, Double Failures with Market and Government, as well as the equality of right and responsibility. According to the modern governmental ideas, include law government, service government, limited government, a clear feature of government responsibility to protect environmental rights should be reflected on statutory, service, limited. Also the chapter clears government’s responsibility to protect the environment right on the macro content of regulation, guidance and the micro content of regulation. To realize the insurance of government responsibility to protect the environment, it should not only clear environmental rights by legislation, but also construct and improve of legal mechanism to regulate and control government responsibility, which is help to prompting the government to actively enforce law.The fourth chapter discusses about "status analysis of government responsibilities for performing on protecting environmental rights. " It is about empirical analysis of measures what the government has taken to protect the environment right at this stage. Based on various environmental issues in our country, this part talks about infringement of citizens’environmental rights. Followed by the existing problem from the aspects of government responsibilities for macro-regulation and macro-guidance, as well as the micro-regulation, this part re-evaluates the legal-system problems.The fifth chapter discusses about "extraterritorial legislative experience of government responsibility on environmental rights protection". According to a series of problems of environmental rights protection in our country, this part summarizes and analyses the possibilities of learning from extraterritorial advanced legislative experience on government responsibility on guarantee of environmental rights, which provides a wealth of materials for perfection of our corresponding system.The sixth chapter discusses about "perfection of legal system on government responsibility on guarantee of environmental rights". Based on the existing institutional issues and value logical, the part puts forward the general idea of government responsibilities on environmental rights protection. Referencing extraterritorial experience, the paper suggested the legal perfection on our government responsibility on guarantee of environmental rights should be conclude these three aspects. First, recognize environment rights by constitution and law. Second, perfect the mechanism of performing government duties. Third, perfect the restriction mechanism of supervision on the government to carry out their responsibility.