On The Constitutional Guarantee Of Citizen's Environmental Right In China

The environmental problems brought by the rapid economic development in China shows the characteristics of composite structure,the total pollutant emissions,industrial pollution.The citizen's environmental right put forward in order to deal with the environmental crisis and protect human dignity,it is the new progress of the constitutional law and environmental law.Now we require the citizen's environmental right as a citizen's basic right in the Constitution.Since 1960 s,more and more countries have stipulated the citizen's environmental right as a basic right.However,the citizen's environmental right not be defined in China,The government's responsibility for environmental protection can not meet the wishes of the public,In addition,the right relief is not a good protection for the citizens' environmental right,citizen's environmental right was frequently violated.It is urgent to give us the right to have a good environment from the legal level.It is the source of legitimacy for the state to enjoy the environmental right by transferring the right to the environment through the political contract.It is the source of the government's environmental responsibility to grant the government some environmental protection power.It can be seen that the ultimate purpose of the government's environmental protection is to protect the realization of citizen's environmental rights.Only when the citizen's environmental right is included in the constitution,can the basic human rights be gradually transformed into legal rights.The purpose of this paper is to clarify the relationship between the right and obligation of the state,the government and the citizens,and to pave the way for putting it into the constitutional.This paper uses the methods of theoretical analysis,historical analysis,comparative analysis and soon,on the basis of a comprehensive understanding of citizen's environmental right,and the experience of theory from the foreign citizen environmental right guaranteed by the constitution,in the view of the current situation and existing problems of the citizen's environmental right,based on the dichotomy of "civil rights and state power" and the theory of administrative power control.The paper is divided into the following four parts:The first part,the paper firstly introduced the background and development process of citizen's environmental right;Secondly,This paper expounds the theory of the citizen's environmental right;Thirdly,This paper analyzes the subject,object and content,and makes clear that the citizen's environmental right is a right beam.Finally,the paper introduces the nature of the citizen's environmental right,and confirms that the citizen's environmental right as a basic human right should be guaranteed by the constitution.The second part mainly analyzes the present situation of constitutional protection of citizen's environmental rights at home and abroad.Firstly,this paper introduces the current situation of environmental protection in China's constitution and the basic law of environment Secondly,taking the United States and Japan as an example,this paper analyzes the present situation of constitutional protection of citizen's environmental rights.Thirdly,by comparing the present situation of domestic and foreign citizens' environmental rights constitutional protection,this paper analyzes the problems of our citizens' environmental right,and puts forward some legislative suggestions to protect the citizen's environmental right.The third part mainly introduces the necessity and feasibility of the protection of citizen's environmental right in China.First of all,there is a good opportunity for the citizen's environmental right to be included in the constitution,the attribute of human right require the citizen's environmental right should be guaranteed by constitution.The sustainable development of economic society requires the environmental right to be included in the scope of constitutional protection.Secondly,the foreign environmental legislation and the scope of human rights recognized by the constitution of our country have expanded to provide practical experience for the protection of citizen's environmental right.The improvement of citizen's awareness of environmental rights and interests also promotes the constitutional protection of citizen's environmental rights.In the fourth part,the author puts forward some suggestions on the constitutional protection of citizen's environmental rights.First of all,the establishment of the basic rights in the constitution,and the need to cooperate with the provisions of the basic law of the environment to make the connotation of citizen's environmental rights more complete,but also the need for legislation to clear the rights of citizens to protect the environment.Secondly,supervise the government's enforcement of environmental law in order to realize the administrative law enforcement guarantee of citizen's environmental right;Thirdly,through the constitutional litigation procedures and environmental administrative public interest litigation procedures to solve the problem of the relief of the environmental rights of citizens,realize the operation of citizen's environmental rights.