Jurisprudence Analysis Of Environmental Right In Legislation

In 2007, there were multiple environment crises emerging in China .It is one important cause of environment crises that China environment protection legislation is not perfect .Many clauses are characterized by the culture of planned economy and can not keep on with the social development and not applied now .The theory of environmental rights is the theory base of environment protection legislation .So as to perfect environment protection legislation and improve the present situation of environment protection , It is of great practical significance to research into the related problems of environmental rights .This article is divided into six parts. In the introduction, I briefly introduced the present researching situation of environmental right and explained the practical significance of its existence. In the 1960s, scholars of law field began to reflect and review the environment crises and proposed"environmental right"."Environmental right"has been referred as to a new right and well established by the international society.In the first chapter I firstly explained the concept of environmental right, and then analyzed the scope of legal subject, legal object and content to define it. The legal subject includes natural people and offsprings, not the countries, the legal persons or other organizations, living organisms and human beings. The legal object is referred as to things, behavior,spiritual wealth and body. The content includes the right to use on environment, the right to know on environment, the right to participate on environment and the right to claim. So the concept of environmental right is that natural people and offsprings enjoy the right of living in healthy and good environment, knowing environmental information, participating in environmental management and claiming protection.In the second chapter I analyzed the realistic basis and the jurisprudence basis on generation and development of environmental right .The former not only includes environment pollution and ecological destruction, but environmental protection campaign which people, governments and international organizations all have participated in .The later mainly includes the common trust doctrine, the inter-generational fair doctrine, the sustainable development doctrine and rights of humanity doctrine. In the third chapter I summarized the foreign legislation and compared with the present legislation in China. I concluded that the legislative defects were location rights'steps inaccuracy, location obligors'steps uncertainty and legislative architecture imperfection.In the last chapter I proposed some legislative suggestions to perfect the legal system of protecting environment right according to the above analyses. Through having demonstrated the necessity and the feasibility of establishing constitution environmental right, I promoted its establishment .In addition, I put forward four suggestions involving concrete legal system to realize constitution environmental right. The first, in order to improve the system of environmental impact assessment, the scope of application for environmental impact assessment should be expanded and the illegality cost should be increased. The second, obligors of right to know is that all executive authorities who have environmental information and the limit of right to know should be defined clearly through inverse examples and generalization. The third, the procedure to ensure the right to participate on environment should be improved and obligors'responsibility should be strengthened to enhance people's important role in process of decision. When environmental right is infringed , there must be various remedies including the state power relief , social relief and private relief to perfect the protection of environmental right omni-directionally .