On The Environmental Rights Justiciability

Environmental rights of the legal system may appeal the final analysis, the right to protect the environment, it is to make the environment right to become a statutory right to basic civil rights and the existing coordination, how to make it become a citizen can obtain and implement Real rights, and how to protect such right. This is the environment right as a starting point to explore the environmental rights protection mechanism of action to achieve the environmental rights of Litigation. The effective realization of the right because the environment must have a corresponding action mechanism to be protected, is one of the rights of the essence of the judicial process through the courts for protection. When the public environmental rights are violated, to have the appropriate legal procedures and legal remedies to protect the right of the aggrieved to obtain relief. Under the current provisions of relevant laws, the public right to not have standing to sue the environment, and partly because there is no clearly established substantive environmental rights, the other is in the relevant provisions of procedural law also limits the public's right to sue. Because the right to relief mechanism of the environment related to the lack of legislation and litigation, the public can not seek legal protection of the most powerful, the traditional legal system is updated, the establishment of a new rational and effective relief to the right of way to the establishment of environmental laws can be v. system becomes imminent. This is always the goal is to make the environment right to appeal from the legal theory of the system has not been generally accepted theory, the system becomes widely accepted in the legal system and further into a clear system legal.This article is divided into four parts and the introduction, conclusion, mainly from the following aspects:The first part of the theory of environmental rights can be defined complaints. Explained mainly in two ways, on the one hand, introduce environmental rights, environmental rights, including the basic meaning, the environment and the Property; the other hand, the right to appeal the Environment of the legal system, including the right to be actionable environmental background, Environmental rights can be actionable the basic meaning and characteristics.The second part describes the environment and the right to appeal from abroad of practical experience, including civil litigation system in the United States, Japan's public litigation system, the German group litigation system.The third parts of our environment have the right to appeal the necessity and feasibility. Adoption of environmental rights may need to generate actionable analysis with possibility paper that environmental rights can be actionable at right to maintain operability environments.The four parts the environment may be actionable in the realization of the right of way. First, legislation, environmental litigation by determining the qualification, the burden of proof allocation of environmental litigation, environmental tort damages system to achieve environmental rights can be actionable. Secondly, to achieve environmental justice, the right to be actionable, the main approaches is environmental public interest litigation, and was from the Environmental Public Interest Litigation Public and the environments were discussed.