On The Realization Model Of Environmental Rights

Environmental problem has been a realistic and serious problem since ancient times.On the surface,it is a problem of resources and environment,but on the deep level,it reflects the greed and disorder of human society and relationship.In other words,the root cause of environmental problems is the contradiction between the orderliness and limitation of resource ecology and the infiniteness and disorder of human needs and behaviors.The orderliness and limitation of ecological environment are the nature of things.To solve environmental problems,we must start from adjusting people’s needs and behaviors.Whether researchers or practitioners,organizations or individuals,everyone with a sense of social responsibility is exploring how to realize the path of human free development on the basis of protecting the ecological environment system on which human beings depend.In the 1970 s,environmental rights first appeared in international documents under the promotion of sustainable development and human rights.The international community has reached a preliminary consensus on the practical value and significance of environmental rights.Environmental rights are the rights of publics to live in a safe,healthy and good environment,free from environmental pollution and ecological destruction.It is an important means for human beings to safeguard their own survival and development interests.It has important guiding significance for building a harmonious coexistence relationship between man and nature and promoting the sustainable development of society.Through reviewing the theoretical research and practical process of environmental rights over the years,it is found that environmental rights still be in theoretical debate and the hesitation of practice,so it is still a relatively marginalized type of rights.Scholars have multiple perspectives on environmental rights,but lack an integrated and systematic realistic attitude among them.In practice,the environmental rights legislation and judicial practice in various countries provide limited nutrients for the further development of environmental rights.So,there is a clear alienation between the ideality and instrumentality of environmental rights,which is "desirable in theory,difficult to operate in practice".How to understand the value and significance of environmental rights is the key to solve all the problems.In retrospect,the significance of rights lies not in the declaration,but in the practical realization of human rights.The focus of the realization of rights lies not only in whether the rights are recognized by authority,but also in whether the rights recognized by authority are effectively guaranteed and actually owned by the subject.Tracing back to the root cause,environmental rights are generated by environmental problems and originated from the natural and social attributes of human beings.Human rights’ real values are promoting environmental protection,protecting environmental interests and adjusting social relations.The value and fundamental task of environmental rights lie in promoting the double changes of "value renewal" and "system construction" of social development.The realization of environmental rights requires citizens to enjoy safe,healthy and good environmental quality,and the rights can be guaranteed by law,social respect and national protection.However,the road to change is not smooth,so the realization of environmental rights is also a process of game and balance among various factors within society.From the perspective of human rights law,this paper explores the logic of the realization of environmental rights,and puts forward the mechanism of win-win cooperation between government,non-governmental organizations and citizens,by means of law and morality in the process of the realization of environmental rights.In addition to the basic argument of the introduction and conclusion,the paper divides the main contents into six chapters:Chapter one,combing the research and development process of environmental rights.This paper summarizes the theoretical discussion and practice of environmental rights,especially in international organizations and major countries in the world.From this procession,it can point out that the study of environmental rights should adhere to the correct value orientation,and environmental rights attribute to the human rights and it has great practical significance.Previous studies and practices on environmental rights have shown that environmental rights are part of human rights,and their value lies in the guidance of social relations and practice.Chapter two,discusses structure of environmental rights.As the attribute of human rights,environmental rights are embodied in the connotation and extension of environmental rights.Essentially,environmental right is the right of human beings to enjoy safe,healthy and good environment,which is manifested in environmental protection,realization of environmental interests and adjustment of ecological and social relations.Its subject,object and content all have attributed to human rights.The dynamic balance relationship among the various forms of environmental rights reveals the value orientation of environmental rights.Chapter three,explores the way to realize environmental rights.As the realization of environmental rights of human rights,legal realization and social realization are of vital importance.Firstly,environmental rights should be embodied in the law as a basic social norm.Secondly,the application of environmental rights in real life is manifested in the action of the public,government,enterprises and other social organizations,etc.,to perform their duties and obligations and to presume the implementation of environmental-related systems.And the realization of environmental rights ultimately lies in shaping personality,shaping a rational normative consciousness and order,and shaping the form that coexists in harmony with nature.Chapter fore,analyses the main social factors affecting the realization of environmental rights.The realization of environmental rights is not a "vacuum operation",but is inevitably affected by specific space-time conditions.Under different economic conditions and social structures,different countries and regions will inevitably show different abilities and adopt different methods and ways to realize environmental rights.Chapter five,construct the mechanism system for realizing environmental rights.The construction of social system and its internal organic cohesion are the key links to the realization of environmental rights.Guided by international environmental conventions and based on the analysis of the main factors affecting the realization of contemporary environmental rights,a complete mechanism system of allocation,protection,relief and development of environmental rights and international cooperation is established.Chapter six,on the basis of theoretical analysis,analyses the system construction and practical basis of environmental rights in China,as an extension of legal analysis.Summing up the beneficial and local experience in the construction of environmental rights system in China,this chapter reviews and combs the existing problems in the practice of environmental rights system,and puts forward some countermeasures and suggestions for further improving the construction of ecological civilization.