Legal Issues On The Constitutional Protection Of The Environment

With the growth of population and development of economy, the ecological environment worsens increasingly. The environmental problem has threatened human’s existence and development. Therefore, it’s one of these effective measures to strengthen the construction of environmental legal system and standardize human’s behavior for solving environment problem and improving present environment. Constitution is the essential law of nations. It not only standardizes the basic principle of global and fundamental environmental protection, but also becomes the most fundamental legal basis in terms of strengthening the environmental protection. Therefore, from the view of constitution, it is very important to research the environmental protection for solving environmental problems and remitting contradiction between human and nature. First, the dissertation defined the fundamental concepts of the constitutional protection of environment and discussed the foundation of the constitutional protection of environment, proving the existence value of the constitution protection of environment. Then, this dissertation reviewed and analyzed the constitutional protection of environment in terms of our country. Speaking specifically, environmental protection has become new mission of the contemporary country which the constitution concept gives. And moreover, making a comfortable environment of nature and culture for people has become new development of the constitution concept. However, our constitution currently in effect emphasizes the power and possibility of country excessively. Its shortcoming is that environmental rights aren’t included in the basic civil rights and sustainable development strategies which emphasize the coordination of economic, social and physical development haven’t been advanced to the constitutional level. The constitution states only the responsibilities of environmental protection, but ignores the positive role of public on environmental protection. And the constitution does not stipulate the public obligations and rights of environmental protection. The government, who is the delegate Manager of "common property", should bear the burden of environmental protection, but with this regard the provisions of our constitution is not sufficient. From these, it is seen that the constitutional protection of the environment still needs to be improved. Based on these, this dissertation further researched and discussed the status quo of the constitutional protection of environment. The constitutional protection of environment that has two essential modes including the basic state policy of environmental protection and the environmental rights of citizens in foreign countries is summed up by comparing and analyzing the constitutional protection of the world’s environment which provides the positive experiences for the constitutional protection of environment in China. Finally, this dissertation pointed that the purpose to insist sustainable development is to pursuit the coordination development of economic prosperity, environmental protection and social fair, so it is very necessary to increase the principles of "sustainable development" in constitution master, achieving the development of human maximum interests. And furthermore, to provide the corresponding status in constitution of public environment right and environmental protection obligations is also very important, which can protect the life right of citizens in health environment and mobilize the public to participate in the environmental protection. And moreover, from the basic regulations in constitution, the duties of national environmental protection need perfection, and the environmental protection efficiency of local government needs improvement, and the function and power of local government environmental protection need also regulation.