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Research Of Environment Right

Posted on:2008-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:W XianFull Text:PDF
GTID:2166360242457778Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 70th of 2000, "the environment right " as a concept of law has been appeared in international literature ,law works, justice practice with high frequency . Various theory rushes constantly, including " Human Rights" theory , " Generations Justice" theory , "Environment Community " theory, " Nation Body Right " theory , "Animal Liberation" theory and so on . Every country has their own situation and system of law. Adpoting which theory as their own theory basement of environment right not only needs the appeal of scholar but also the consideration and distinguish of lawmaker .First,Whether the current china does really need this right or not? How to arrange this right ,casting itself on constitution or civil law , regulating it in the department of Environment Law? How to form the environment right on earth ? Firstly, the current china needs the environment indeed .The question of environment is the "hot poi" to every country .You can' t desert it, but it' s too intractable .Solving the question of environment well can not only speed the continuable development of economy but also in favor of the health of people .The question of the environment is essential to the development of country .Solving the question of environment well is not only the responsibility of country but also every organization and individual . Country is amenable to throw delight on the question of environment , propagandize environment legal system vigorously, mobilize the enthusiasm of every citizen to protect the environment. Every citizen is also amenable to participate in managing and solving the question of environment , supervising the decision-making of state department, impeaching the behavior of destroying environment. the Public ParticipationSecondly ,where we should played the environment right ? Can we write it in constitution only as a human right ? In my opinion , it' s unwise to do that. Although it is arm ,it can' t only be slogan which is unattainable. The environment right for citizen should be actual, can be used conveniently ,can be appealed to and protected by court .All those can' t be achieved if designed it as the constitutional right.Thirdly, how to form the environment right on earth ? in accord to the current situation of china law system,environment right should include environment equal right,environment knowing right,environment enjoying right,environment safe using right.
Keywords/Search Tags:environment right, environment protection, right
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