| With the deterioration of environmental pollution, and enhancement of citizen's protection consciousness, the environmental right protested by citizens becomes a hot issue and a core problem discussed among the jurisprudential circle. But there is no obvious legislation in our constitution, only some terms of constitution reflect contents of citizen's environmental right indirectly. To establish the constitutional position of citizen's environmental right and protect it has a meaningful impact on citizen's basic rights and the conformity of law system, thus helpful to the harmonious development of economical, social and environmental progress and sustainable development. Our country is facing a serious situation: the conflict between population and land, over-explore of mineral resources, loss of water and soil, etc. Since the 1980s, recognition of environmental protection steps onto a new stage, the put forward of sustainable development and realization of protecting citizen's basic rights give more meaning to environmental protection. Whether define citizen's environmental right as citizen's basic right in constitution or not and how to construct it is a keystone of "Green Civilization".The theory of citizen's environmental right is a complex problem, due to the intercross of different subjects and research method. It needs combination of relevant knowledge to find the answer and solution. Many researchers do their work in different directions, some get started with obligation of government, and some start from Civil Law, others from protection of human rights. From the practical point of view, the method of putting it in traditional civil right system cannot satisfy the development of environmental right, because it cannot solve the question of sustainable development. Environment right has many disputes in legislation, judicature and theory, one basic reason lies in view it as a private right, and we are confronted with series of dilemma due to the attempt which establish and protect it in either Civil Law or Administrative Law. As the entry of citizen's environmental right into Constitution becomes a worldwide trend, it's definite to establish it as a concrete right, constitutional right and basic right.A right without established content, hard to be carried out, cannot be executed correctly, thus lack of safeguard and couldn't be realized. In the theoretical circle of environmental right, many researchers look for the foundation from civil right and obligation to protect environment of government, even aim of legislation of environmental right, and meanwhile omit the constitutional position as a citizen's basic right. As the Constitution is the "mother law", it could be the best way to seek from the Constitution to ensure citizen's environmental right. Our government places emphasis on environmental problem, the 15 th, 16 th Meeting of the Party both put forward the strategy of sustainable development. As a result, Constitution should respond positively to this significant policy. Establishing the constitutional position of citizen's environmental right as a basic right and concrete it, can not only ample citizen's basic rights but also catch up with the international trend of human rights. Another asset is it safeguards the sustainable development of economy and society and environmental protection.This article begins with the hot topic: environmental protection, on the basis of analyzing theoretical research results of pioneers and research conditions of jurisprudential circle, merits and defects of relevant theories, the article discusses the necessity of the entry of citizen's environmental right into the Constitution, compares the content and method of regulated by other countries' Constitutions, and then probe into the design principals, system and concrete contents at length. Finally put forward constructive suggestion which suits best our background and situation, thus to supervise and assist effectively to the protection of citizen's basic rights and environment.
|
PDF Full Text Request