Discussion Of The Protection Of Citizen’s Environmental Privilege

The environmental right of citizens is a newly proposed right under the situation of environment deterioration in the 1960s. Up till now, the environmental right theory has been increasingly rich. For the environment right, there are two methods to protect it, one is environment administration and the other is environmental justice. Comparing the two methods, the environmental justice is lack of using in China for protecting the environment. This paper analyze the problems exist in the juridical practice of the environmental right of citizens, and proposes optimization of suggestion.The first chapter, introduction. The purpose and significance of this paper, the research status at home and abroad and the research methods of this paper are introduced. The problems existing in the judicial practice of environmental right of citizens are pointed out by analyzing the specific cases in the judicial practice, and the solutions are also proposed.The second chapter, review of the origin and concept of the right of the environmental right of citizens. Now, the environmental right of citizens are ruled clearly both in the country’s laws and file. The connotation of the environmental right of citizens is different in terms of different national conditions. In our country, different scholars also have different definition of the connotation of the right.The third chapter, analysis of oversea status of the juridical practice of the environmental right of citizens, especially for Japan and USA. The essence of American environmental right of citizens is group lawsuit system, of which the important method is compromise. However, the citizens’ environmental litigations in Japan are mainly consisted of litigations of public nuisance cases. Due to this feature, the cognizance of causality has new developments, and the epidemiology causality are commonly used in the cognizance of causality.The fourth chapter, the problems of judicial practice of environmental right of citizens. The problem which are in the way of the citizens’ environmental litigation are recognized through two cases. Through analysis, the lack of the environmental right of citizens, the interoperability of environment right infringement case rules of onus probandi inversion ty, and the group dispute resolution mechanism are the main problems in the judicial practice of environmental right of citizens in our country.The fifth chapter, Suggestions for the improvement of the existed problems in the judicial practice. For fundamental problem of the lacking of legislation on the environmental right of citizens, legislation should be consummated firstly. In the environmental protection law, the right should be explicitly stipulated, this is in line with the current demand of reality. Second, because there are defects exist in the logic rules of onus probandi inversion of the environment infringement cases, the method of causality presumption is proposed to make up for the defects. Finally, improve the system of group dispute resolution by referencing the group lawsuit system of the United State in our country civil environmental litigation. Serious environmental problems in our country, but don’t have a high level of environmental legal system development, it needs to perfect the deficiency of the current system, for citizens to protect their rights to provide powerful legal weapon.Finally, the conclusion, serious environmental problems exist in our country, but the level of environmental legal system development is lacking of developments, which needs to improve the deficiency of the current system, providing citizens with powerful legal weapon to protect their rights.