Research On The Predicament Of The Legalization Of Environmental Right In China And Its Way Of Realization

Environmental right is the core concept of environmental law. Studying the environmental right and path of its realization is of both theoretical and practical significance. Viewing from the range of the world, it is a inevitable trend to realize the environmental right through judicial practice. However for a long period of time, due to various causes, legal vacancy of environmental right in china leads to the increasingly serious pollution of the environment, especially in some areas the environmental problem has been an important factor which can endanger people's health, and restrict economic development and social stabilization.As a new type of independent human rights, environmental right has double attribute of public interest and private interest. In order to enable the environmental right from natural right changed into the legal right, and then be transformed into the practical right, it is necessary to start with the social attribute of environmental right and lay a good foundation for the efficiently implement of legalization of enviromental right by the combination with two aspects including environmental public interest litigation and private law relief. Based on the analysis of the reasons why legalization of environmental right get into trouble and from view of environmental protection and maintenance of civil rights, the article mainly discusses the effective ways of legalization of environmental right. After analysis and research, the paper put forward some feasible suggestions on the construction of system framework of legalization of environmental right and establish the dominant position of environmental public interest litigation and private law relief during the process of the legalization of environmental right. In a word, we must establish a omnidirectional and multi-level system framework of legalization of environmental right as soon as possible, which is the key point for the legalization of environmental right come out the predicament and realization of legalization of environmental right.