Research On The Limitation Of Environmental Legislation To Citizens’ Private Property Rights

Since the fourth plenary session of the 18 th CPC central committee,the CPC central committee has indicated that the protection of ecological environment needs a strict legal system at many meetings,and promulgated a series of policy documents to guide the work of environmental governance,requiring the legislature to strengthen environmental legislation to ensure that environmental law enforcement has laws to follow.The legislature actively provided legal rules and legal systems for environmental governance,constructed social order in the field of environmental protection,and guaranteed the basic rights of citizens.China’s legislature is divided into two levels,central and local.Since the “Constitution" and "Legislation Law" have given the city of the district the power to enjoy environmental protection legislation,the main body of legislation in the field of environmental protection has proliferated,and the number of environmental legislation has increased rapidly.The goal of strict law governance has been basically achieved,but there are still some improper limitations on citizens’ private property rights in environmental legislation.Although both the theoretical and practical circles believe that citizens’ private property needs to tolerate certain social obligations,the criteria for limiting the social obligations of citizens’ private property rights have not been established in China’s legislative practice.How the legislature properly and reasonably limits citizens’ private property rights in environmental legislation and protects citizens’ private property rights from being excessively infringed is an important issue that needs to be resolved urgently in the theoretical and practical circles.At present,there are six typical situations in China’s environmental legislation that limit citizens’ private property rights.First,the legislative body is beyond the authority to limit citizens’ private property rights;Second,legislation limits,deprives and hinders citizens’ ability to exercise private property rights;Third,legislation upgrades or reduces the extent to which laws limit citizens’ private property rights;Fourth,the limitation of other rights by legislation constitutes a limitation on the private property rights of citizens;The fifth landscape regulation legislation limits citizens’ private property rights;Sixth,the private property rights of citizens are limited in emergency situations.In Germany,according to the provisions of the German Basic Law on the limitation of property rights,the court established the distinction between the social obligation and the expropriation of property rights in the form of precedents,with the special sacrifice theory and expectation theory as the mainstream.In the United States,the police power theory is used to limit the private property rights of citizens.However,the boundaries of police power are difficult to define clearly and it is easy to infringe citizens’ private property rights.Legislation is a process of multi-interest game.Although the social obligation of property rights and police power theory provide a justification for legislation to limit the private property rights of citizens.But,it is also necessary to use the theory of interest measurement,the principle of legal clarity and the principle of proportionality to measure whether legislation limits the private property rights of citizens.By applying the judgment basis to six specific circumstances of environmental legislation,we find that most of the circumstances of environmental legislation are improper.Therefore,in order to improve China’s environmental legislation and protect citizens’ private property rights,it is necessary to pay attention to the collection and identification of legislative facts,objectively evaluate whether a legislation is necessary and the extent to which legislation limits citizens’ private property rights.At the same time,the principle of legal clarity is passed through the whole process of drafting legislation to filing,in order to maintain the stability of the law.In addition,in order to control the constitutionality of the law,the principle of proportionality has been used in the process of reviewing the draft law in the practice of legislation.It is necessary to legalize the principle of proportionality and promote the development of legislative constitutionality and legitimacy.In the case of having to overly limit the private property rights of citizens based on the public interest,it is necessary to increase the compensation clauses to improve them.