On Right For Environmental Protection Of Environmental Non-governmental Organizations In China

Environmental non-government organization(ENGOs)is a significant carrier getting together with the environmental protection groups from civil society. It is a demand of times to construct the ecologically civilized and harmonious society. The ENGOs in China has undergone a devious course in 30 years, and made great development. The ENGOs'consciousness of rights has been strengthened, and their willingness to participate in environmental affairs has been enhanced. But the ENGOs in China lacks the right in environmental legal system, it hasn't received the deserved legal position, and the execution of the environmental protection is limited by law. The ENGOs is originated from the public, but it also has greater enthusiasm and ability to participate in the environmental protection affairs than the public. Hence, law should entrust the ENGOs with extensive and in-depth rights in handling the environmental protection affairs. Based on this, the author of the present thesis first puts forward a new concept which is"Environmental Protection Right for ENGOs". It will be explained from different angles, such as properties, characteristics, typifications and the classifications of related rights. It clarifies the legal concept of"Environmental Protection Right for ENGOs"and also the status and role in environmental legal system.In the perspective of comparative law, the environmental protection right for ENGOs in developed countries, such as the United States, Russia, France, Japan et al., have undergone an institutionalized and legalized construction process. Although they have distinctive provisions toward the sub-rights of environmental protection right for ENGOs, those countries set a lower threshold for the capacity as a subject of law. Furthermore, they guarantee the legal environmental protection right to change into real right. Then, a very comfortable development environment will be created for ENGOs. Facts have shown that the establishment and ensurance of the environmental protection right have played a significant role in promoting the environmental protection in those countries. The establishment of environmental protection right is an important and reasonable approach to the further development of ENGOs, it will bring about profound impacts on the environmental protection cause.Based on the experience of extra-territorial legal system and combining with the development and practices of Chinese ENGOs, the author takes the"Establishment and Safeguard of Environmental Protection Right for ENGOs"as the foothold, probes into the problem of criteria for recognition of the qualifications and tries to set up a system of substantive environmental protection rights, composed of environmental activities right, the right of knowing environmental information and the participation in the environmental impact assessment right, moreover, the author tries to establish the constitution of procedural environmental protection rights which composed of the environmental dispute mediation right and environment public welfare litigation right. Both of them are conducive to form a complete environmental protection right system, and ensure the realization of the rights through the relevant institutional arrangements. As a matter of course, right is not without limitation, the exercise of rights without rules is impossible. Therefore, the author of the present thesis established principles for the exertion of the rights for ENGOs at last, hoping the right operation can provide maximum environmental protection services.