Research On Guarantee Path Of Environmental Rights Of Chinese Citizens

As a new type of basic human rights,environmental rights have been promoted by an increasing number of countries,some of whom have created provisions in the constitution and laws for environmental rights as an official basic right.With the process of reform & opening up and national development,environmental rights of Chinese citizens have also been discovered with currently surging attention.China is now in the development and transformation phase of social,economic,cultural and other aspects,when the government and the public's awareness of environmental protection has gradually been enhanced.The Report of the 19 th National Congress of the Communist Party of China has clearly put forward the grand goal and the specific task,accelerating the reform process of building the ecological civilization system and this beautiful nation.This has entitled the research development on environmental rights of Chinese citizens to an increasing significance.There should be higher awareness on realizing the the difficulties and problems faced by the citizens' environmental rights,and more efforts to seek for solutions.In particular,China has its own characteristics in national conditions,society and other aspects,and there are differences in the political system and the legal system construction compared with other countries,which means that the guarantee path of citizens' environmental rights should be according to the national conditions and social development,so as to figure out suitable theoretical methods and practical models.For now,there are few studies on the defense approaches of Chinese citizens' environmental rights,yet with the development of economy and society,environmental governance and protection of ecological civilization have turned into the top priority in national management,and therefore it is highly necessary to study this issue from the perspective of practical needs.This paper attempts to start with the environmental right of citizens as a human right attribute,which is regarded as the basis of the legal recognition and defense of the environmental right of citizens in China.Environmental right is a product and the final option of human rights in social development,and it is the premise for the defense and realization of basic human rights.Environmental rights are generated from the development of human rights,but it is distinct from traditional human rights.With the progress in every era,these rights are endowed with some new connotations and characteristics.The protection practices of environmental rights in various countries have demonstrated that their core value is human survival and developmentand their essence is about how to realize this value and develop a harmonious relationship between the nature and humans.The specific connotation of citizens' environmental rights also reveals the universal demands,uniqueness,unity and fundamental characteristics.This is also therefore the reason why Chinese citizens' environmental rights should be thoroughly guaranteed.By studying the current situation and existing problems of the citizens' environmental right defense,the theory and law restrictions are identified as the main cause of the defense dilemmas.In theory,there are many basic theoretical points of view without a unified consensus;views vary on the subject and object of the study;there is a lack of empirical research to test legal theories.The legal dilemma is that the constitution fails to define the environmental rights of citizens,and the supporting legal system is not comprehensive,still requiring improvement.There are definitely some contradictions between the needs of economic and social development and the progress of environmental rights in the realistic level.In addition,many factors such as regional differences,local resistance and civic awareness also hinder the implementation and defense of environmental rights of citizens in China.In accordance with the challenges in the citizens' environmental right defense in China,there should be the foremost theory establishment of citizens' environmental rights as basic human rights,and secondly a promotion of the law imposition on citizens' environmental rights from the perspective of human rights.Then we should put forward some specific approaches of legalization according to the actual situation,and finally discuss the state's actions of taking citizens' environmental rights as basic human right defense from the perspectives of state obligations via the system design and implementation mechanism of fulfilling state obligations.Narrowing down as a basic human right,the environmental rights of citizens are extremely essential,especially in China since it is related to the fundamental interests of the public and the sustainable development of the contemporary and future generations.It is necessary to fully prove the human rights attribute in the environmental right of citizens in theory,prepare for the right to be part of the constitution and the law.After clearly stipulating the environmental right of citizens in the constitution,there should be more polishing progress of laws from the perspective of public law,private law and procedural law,so as to solve the difficulties and problems in the legalization of citizens' environmental rights,to defend the rights,and to complete the transition from natural human rights to legal human rights.In addition,it is a must to strengthen the state's responsibility to defend,and constantly improve the system design and performancemechanism of state obligations.On the one hand,it is supposed to enhance the legislative power's restriction on administrative power,improve the legal system and the scientific and technological standard system at the level of legislation and system.On the other hand,all departments of the nation should play their roles in environmental management and supervision,so as to ensure that the state's environmental obligations are fully presented,leading to the comprehensive implementation and realization of the environmental right defense of Chinese citizens.