Research On The Protection Of Environmental Rights In China

Environmental rights protection is a serious issue facing today,on the one hand,because environmental rights protection is still in the exploration stage.Although there is a macro system for the protection of environmental rights,there is no systematic and comprehensive theory of environmental rights protection.There is no unified normative text,and it cannot meet the requirements of the development of environmental protection.Also,because the relatively special field of environmental protection is becoming the frontier of China's democratic construction process,the democratization reform of many government management mechanisms is based on environmental protection as the primary entry point,and urgently demands the protection of environmental rights.In addition,in the process of the market mechanism becoming more mature,the traditional “obligation standard” of citizens is shifting to the “rights standard”,and the public's rights appeal is gradually increasing.The construction of ecological civilization must be based on the premise that citizens can respect and protect their own environmental rights.Under the increasingly serious environmental crisis,the environmental rights face many threats.Whether the environmental rights can be effectively and effectively guaranteed will not only affect the development of China's environmental rule of law,but also restrict the process of China's democratic construction.Based on this,this paper attempts to explore and study the issue of environmental rights protection in China,and proposes appropriate solutions and countermeasures for the protection of environmental rights.This has important theoretical and practical significance for the improvement of environmental legislation system and the promotion of social coordinated and sustainable development.Based on this,this paper is mainly composed of five parts:The first part is a brief introduction of the article,including questions about environmental rights protection and framework and methods about research,etc.The second part is to elaborate on the general theory of environmental rights.Including the main viewpoints of Chinese scholars on the basic theory of environmental rights and the nature of environmental rights,and at the same time taking the theory of national protection obligations as the starting point,providingsome theoretical support for the protection of environmental rights.The third part is about the research on the status quo of environmental rights protection in China and some problems in the protection of environmental rights,including the concept that the concept of environmental rights is not unified.The legislation,administration and justice caused by the environmental rights protection at the government level and judicial litigation system.Three aspects of the dilemma.The fourth part is the research on the protection of extraterritorial environmental rights.Two representative countries are selected to introduce the experience of the United States and Japan,so as to provide useful experience that can be used for the protection of environmental rights in China.The fifth part puts forward the improvement measures of environmental rights protection,including the improvement of the legislative,administrative and judicial aspects of environmental rights.First of all,we must strengthen legislative guarantees,clarify the basic connotation of environmental rights,and create environmental rights through constitutional interpretation.Secondly,give full play to the leading and importance of the government's protection of environmental rights.Finally,we will comprehensively build China's environmental rights guarantee system by improving environmental public interest litigation.