Research Abuot The Environmental Right Writing Into Constitution

Modern country has experienced the transformation from the police state to the country under the rule of law and then the welfare state.With the exposure of a series of ecological pollution and the awakening of the public's awareness of ecological civilization,environmental problems have caused the attention of people increasingly.The study of environmental problems worldwide experienced from wax to wane and then the turn again.Moreover,scholars put forward the concept of environmental state,emphasize that the modern states shall give concern to the environment and the responsibility they may take.Since the sixties and seventies of the last century,the constitution have showed the trend of the ecological constitution in response to the growing crisis of ecological environment pollution.The most effective way to resolve the environmental crisis and maintain ecological harmony is to fully safeguard citizens' environmental rights and interests,and actively take national environmental obligation.Because the balance between environmental power and the right to environment is the basic guarantee of constitutional order in good operation and the of resolving environmental right dilemma.In our country,since the eighties of last century,environmental problems have also caused full attention and controversy.However,after more than 30 years of discussion,there are still many controversies in the field of environmental right among scholars,which is more enduring recently.As an important content of human rights,the environmental rights ought to is ensured by the state law.Writing environment right into the constitution is the most direct the most effective way to protect the environment right within the constitution dimension.By doing this,it will not only enrich the connotation of the constitution itself,but also fully protect the environmental rights and interests of citizens and play a role of the citizens' rights and interests safeguard book.Previously,there are a lot of defects of environmental right theory both from legal and constitutional perspective,including unclear subject scope,object connotation and content.What's more,the academic research in such aspects as the nature of the environment right is not enough,and it became the biggest obstacle to writing environmental rights into the constitution.At the same time,there are many rights fall outside the dimension of the the constitution.Many countries has also not put the environmental rights into the constitution around the world.For the dignity of the supreme law,it is necessary pay cautious and calm attitude towards the rights into the constitution,more sufficient reason is needed here.This paper makes use of the modern constitutional decentralization theory,natural rights,social contract theory and the principle of rights reserved,etc.It also makes comparative analysis of the western developed countries and many developing countries practice of writing environmental right into constitutional.It investigates the shortcomings of the environmental right theory in our country mainly from two aspects of the environment right ontology and methodology and thinks the necessity of protecting citizens' environmental rights through the implement of constitution.This paper analyzes the core value orientation of environmental right and independent value by making comparison between the environmental right and property right,personality right and human rights.We are trying to discover the essential connotation of environmental right through the analysis of each subject in the field of environmental rights and obligations.Through the comparison of environmental right and environmental protection policy,it was not difficult to find that the search for the profound understanding of environmental right into constitution should not be constrained in the text.Therefore,we should widen our sight and explore new method of constitutional right to environment.By learning other country's successful experience,we can analyze the current environment right legal protection in our country and develop our constitutional horizon for the implementation of the environmental right safeguard.