| With social development and economic boom, the world today is thrivingas a whole. This is followed by environmental pollution which cannot beignored. Environmental crisis, which is caused by long-term pollution haslasted over half a century. The attitude of human has gone from negelctthrough awareness to value, which is a long process.The environmental problem has attracted the attention of more and morecountries. Scholars from all around the world have actively carried outresearch about environmental protection, achiving many theoreticalresults, one of which is the claim of individual environmental right. Manycountries have defined individual environmental right in theirconstitutions or other relative laws. So, what is indeed individualenvironmental right? What kind of process has it undergone? What is thevalue of its existence? How shall we protect individual environmentalright? I will discuss around the above questions in detail in the followingchapters of this paper.The first chapter of this paper is about the origin of individualenvironmental right. I will discuss in what kind of social and theoreticalbackground the individual environmental right was proposed and make afurther discussion about the value of its existence in real life.The second chapter will be about the meaning and nature of individualenvironmental right. This chapter include three parts: First,recapitulate the history and current situation of individualenvironmental right research home and abroad. Based on this, furtheranalyse the four parts of the meaning of individual environmentalright—definition, subject, object and content, so as to clarify the basicconcept of individual environmental right. Third, I will discuss the basicnature of individual environmental right. As an important right, thedefinition of the nature of individual environmental right directlydetermines its status in law system.After a systematic explanation of individual environmental right in the above two chapters, in the third chapter, I will analyse the protectionof individual environmental right home and abroad. One the one hand,summarize the condition of existing protection of individualenvironmental right; on the other hand, lay a foundation for legalprotection of individual environmental right in our country.In the fourth chapter, seek the legal protection method for individualenvironmental right. A right is proposed to be truely enjoyed by people.How to decide whether a right is truely enjoyed by people? The protectionand effective enforcement of law will be needed. That is to say, individualenvironmental right must be protected by law, and realize its valuethrough enforcement of law and administration of justice. Otherwise,individual environmental right would be just a hollow, useless noun.In short, in order to get a clear understanding of the theoreticalsignificance of individual environmental right, this paper will set upthe basic knowledge structure of individual environmental right with itsorigin, meaning and basic nature. On this basis, seek the legal way ofprotecting individual environmental right by reading documents at alltimes and in all countries, using research method like historical analysis,comparative analysis and so on. |
