Questioning The Establishment Of Environmental Right

Since the 1950s,due to the environmental degradation is continuously grow,environmental protection has been paid more attention in the world.Many International treaties,"Environmental declaration" and Constitutions and laws of various countries have clearly stipulated the environment and its protection.Environmental rights are also expressed or implied in the legal provisions of various texts,and gradually become the theoretical basis for many scholars to further explore Environmental rights.Especially in recent years,as a kind of new right,Environmental right has been highly valued by the academia and all walks of life in our country.Whether Environmental right should be expressed as a basic right in the Constitution and law has aroused a heated debate.By analyzing the current situation of national environmental governance in various countries,we can find that Environmental right is established in the Constitutions and laws of different countries has no direct relationship with the effectiveness of environmental governance.Although some countries have expressed Environmental rights in their legal texts,there is no substantial progress in environmental governance,and the environmental situation is unsatisfactory.Through the analysis of relevant treaties and constitutional provisions on environmental rights,it can be seen that unclear scope of protection,unavoidable conflicts of interest and poor effectiveness are all direct causes of adverse environmental protection,which also proves that environmental protection does not take the establishment of Environmental rights as a prior,and environmental deterioration is not the absence of Environmental rights.Therefore,it is necessary to take about the clauses of the Environmental rights seriously,from the establishment reason to the development process,and then to the current trend of analysis,instead of directly taking about the quantity as the basis for the universal establishment of Environmental rights,and not limited to the induction and collation of legal documents.On the basis of the analysis of the text,the focus will be on the means of governance and the actual effect.Environmental protection has become the basic consensus of the society,and there are still many disputes about whether the Environmental right is expressed,which is bound to harm to the environmental governance.Furthermore,on the basis of affirming that environmental interests need to be protected,we should give up the concept of Environmental rights and treat the environment as a social governance issue.In combination with social development,we need the state and citizens to work together to maintain it,which is the inevitable trend of current environmental development.