Research On The State Obligation In Protection Of Environmental Right

As a basic right of citizens,environmental right is related to people’s safety and health,and plays a key role in maintaining the personal dignity of citizens,improving the living,production and living environment,and ensuring the long-term development of the national economy.With the frequent occurrence of world environmental problems and the innovation of the concept of human rights protection,environmental right has been confirmed in the constitutions of nearly 90 countries.As far as our country is concerned,although environmental problems are becoming more and more serious,environmental right has not yet been enshrined in the constitution and environmental protection laws have not yet formed a system.At the same time,the development of environmental administrative supervision and environmental justice is slow.In the case of insufficient protection of environmental right in our country,citizens often cannot obtain effective protection when environmental right is violated by a third party.Fortunately,since the 18th National Congress of the Communist Party of China,the building of ecological civilization has gradually moved to the centre of the national stage of development,and environmental issues have received widespread attention.The country’s emphasis on the ecological environment marks that the protection of environmental rights has entered a new era.In view of this,it is necessary for our country to balance the contradiction between economic development and environmental issues in the construction of Chinese-style modernization,and to reduce or avoid the third party’s encroachment on the environment.This paper explores the protection of environmental rights from the perspective of state protection obligations,in order to improve the performance of state organs’ environmental protection obligations and ensure that citizens can enjoy a good and healthy environment.The article is divided into five chapters.The first chapter mainly constructs the theoretical framework for the state obligation of protection of environmental right.This chapter first defines the connotation and nature of the controversial environmental right.It clarifies that the subject of environmental right is natural persons,the object is the environment and its constituent elements,the content is ecological substantive rights,and analyzes its human rights attributes and fundamental rights attributes;then analyzes the basic of legitimacy of state protection obligations for environmental right based on the logical basis of "citizen rights-state obligations",the value basis of "human dignity",the realistic basis of "changes in the main social contradictions",to build a theoretical framework.The second chapter mainly clarifies the core elements of the national protection obligation of environmental right.This part discusses the rich connotation of the state’s duty to protect environmental right.In terms of content composition,it includes specific obligations at three levels of prevention,exclusion,and relief;in terms of responsibility sharing,it requires the legislative power to assume the responsibility entrusted by the Constitution,the executive power to assume the responsibility for police administration,and the judicial power to assume the responsibility for rights relief;as far as the implementation principle is concerned,it needs to follow the "excessive prohibition principle" of the upper limit of protection and the "insufficient prohibition principle" of the lower limit of protection in the implementation.The third chapter mainly sorts out the system history of the state protection obligation of environmental right.This part sorts out the historical development of the national protection obligation of environmental right in China and outside the region in the three aspects of legislation,administration and justice,and analyzes the dilemma and reasons of the national protection obligation of environmental right in the following sections,as well as perfecting the system construction based on advanced experience lay the foundation.The fourth chapter mainly analyzes the problems and causes of the state protection obligation of environmental right in our country.Specifically,the problems that arise in the implementation of legislation include prioritizing national power over national obligations,emphasizing civic obligations and lacking civic rights,as well as the lack of basic laws on the ecological environment.The causes include outdated legislative concepts,lack of consensus on environmental rights theory,and a lack of systematic legislative norms.The problems that arise in administrative performance include the misallocation of law enforcement power in ecological and environmental departments,unclear responsibility subjects for ecological and environmental protection,and insufficient law enforcement forces in ecological and environmental protection.The causes include conflicts between the objectives of environmental vertical reform and environmental law enforcement reform,a lack of effective supervision by the government,and inadequate implementation of the principle of "personnel follow the situation,personnel follow the organization".The problems that arise in judicial performance include the low level of specialization in environmental justice and the insufficient and uneven development of environmental public interest litigation.The causes include insufficient experience in the reform of environmental judicial specialization and weak protection of environmental public interest litigation.The fifth chapter mainly improves the system of state protection obligations for environmental right.At the legislative level,it is necessary to take the legislative concept of"national obligation standard" as the first step,improve the state protection obligation of environmental rights in the Constitution,and clarify the specific content of environmental rights in the law.In addition,it is necessary to accelerate the promotion of environmental codification to integrate the environmental law system;At the administrative level,it is necessary to coordinate the contradiction between the collection of law enforcement power and the sinking of law enforcement focus,improve the government’s environmental accountability system,and strengthen the standardized construction of environmental law enforcement teams.At the judicial level,it is necessary to innovate the specialized reform of environmental justice,and reconstruct the environmental public interest litigation system.