Research On Judicial Relief Of Citizens’ Environmental Right

Citizen environment right is produced under the background of the global ecological crisis of one of the emerging power. At present, the domestic and foreign scholars on the research of the civil environmental right has more than 30 years, but considering the present status of the research in China, there are significant controversy for its main body, content, attribute, or even whether it is necessary to clear the environmental right of citizen as a substantive rights. And facing the existing problems of environmental pollution, and related legal system of environmental protection in our country have already can’t truly protect the fundamental rights of citizens; Combined with the new environmental protection law making further clear a regulation on the environmental public interest litigation subject, forcing on the legislation of civil environment right. As the core of the environmental protection, civil environment right is the basis of environmental legislation, law enforcement, judicial proceedings, so, the author thinks that the relief research of civil environment right is of considerable value.Overfishing, excess emissions, surround the sea aquaculture, reclamation of levelling, haze weather frequent, large area of black pool appear in the tengger desert, at present, these have seriously affected the normal life of citizens, seeking effective solutions is imminent. Therefore, citizens’ environmental right as the entity right is arised at the historic moment. Europe and the United States are of the environmental right development earlier than others, there have been a lot of the environment right written into the constitution, and make a lot of relief system to help protect the environment rights, such as super fund system of the United States, environment altruistic group lawsuit system of Germany, etc. Our country is not a citizen environment right in its constitution, and some relevant measures of environmental protection system is still in the exploratory stage, but in light of the present condition of the pollution of the environment, timely and effectively stopping pollution damage behavior has been at the top of the list, and we need make effective remedy mechanism to protect envirnoment.This thesis is divided into five chapters:the first chapter mainly introduces the background of the rise of civil environment right and research significance, the research on environmental right status and literature review in our country and abroad, and using the research methods, main content and innovation as well as the basic structure of the paper work. The second chapter mainly introduces the connotation and attribute of civilenvironment right, the author thinks the main environment only refers to the right of citizen environment right. The citizen environment right subject, object, content,attribute are analyzed in detail and made a personal understanding. Third chapter stated the state to the judicial practice of the citizens’ environmental right and relief of the environmental right of citizen in China existing problems, this part mainly from the aspect of justice. In our country, there are many a lot of cases about infringement environmental right, and as the lack of legislative provisions on the environmental right of citizen, it is a direct result of could not be in accordance with the judicial practice.The fourth chapter mainly analyzes the present situation of overseas environmental right relief, also from the level of foreign legislative and judicial, legislative lists some typical countries of the environment right into the constitution. The judicial relief part details the super fund system in the United States and environment altruistic group lawsuit system of Germany, for our country citizen environment right relief way for reference.The fifth chapter puts forward some suggestions of perfecting the civil environmental right relief way and countermeasures, the author mainly combined with the environmental protection concept of 18 the fifth plenary session in our country, and introducing the environmental right of citizen’ important role of for environmental protection and putting forward to improve the legal status of civil environment right,and the problems of targeted puts forward some countermeasures to solve. We should strengthen the specialization of civil environment right judgment, in order to improve the efficiency of the environmental public interest litigation. We should practise a system of environmental protection an injunction, for a timely manner to prevent the environmental pollution behavior. And we should strengthen the civil environmental organizations in the role of environmental protection work, etc.