On Protection Of Environmental Right In China's Ethnic Area

The contemporary society is a society of rights, to be exactly , is the times that right is mostly subjected to concern and respection. The law circle began to study the environmental right very late, but the environmental right has already became one of the rights that are mostly concerned by people.A fleet's speed is mainly decided by the slowest ship. So, the thesis puts the emphasis on the environmental right protection in ethnic area. We know that the environmental resources in ethnic area are relatively rich, but the eco-environment is actually very fragile. The lag of protection system of environmental right is a very important reason. Based on this reality, it appears especially important to find a feasible way out, through analysising the difficulties of environmental right protection in ethnic area.The thesis is composed of four parts. The first chapter, the author analyses the basic theory of the environmental right in order to illustrate the composing factor of the environmental right and to have a clear intelligible understanding.The second chapter, the author specificly introduces the practices of the protection of environmental right in ethnic area. The third chapter, the author analyses selectively on the institutional barrier of the environmental right protection in ethnic area, mainly manifests in the existing blank in legislation, the unqualified legislative system, the lack of operability in the environmental right protection, the flaws in environmental right infringement system, the insufficiency in public participation and so on. The fourth chapter, the author thinks we should establish the system in the legislation, the administration legal system and the judicial system. Firstly, we should stipulate the environmental right in the constitution. In addition, we should systematize the environmental law and perfect the environmental legislation in ethnic area. Next, through perfection of environmental administrative system in ethnic area, we can create conditions for the protection of environmental right in ethnic area, Finally, through construction of protection of judicial system, expansion of plaintiff's prosecution qualifications, establishment in the environmental public interest litigation system, adding more environmental court in ethnic area, etc., it can effectively protect the environmental right and promote the construction of environmental law in our country.