Research On The Protection Of Ecological Welfare Right

As the conflict between citizens’ ecological needs and the limitation of ecological resources intensifies,citizens’ rights to equal ecological benefits are not fully guaranteed.People begin to call for the right to profit ecological welfare to better protect citizens’ ecological rights and interests.Ecological welfare right is a specific basic environmental right,which is differentiated from environmental right.Studying the protection of ecological welfare right can supplement the vague environmental right,meet the needs of citizens for ecological happiness,and promote the realization of ecological public prosperity.This paper studies the guarantee system of ecological welfare right from the perspective of the right constitution of ecological welfare right,the state obligation of ecological welfare right guarantee and the institutional guarantee of ecological welfare right,which is mainly divided into three parts:The first part of the ecological welfare related content theoretical research to clarify the connotation of ecological welfare and ecological welfare right.Ecological welfare is a kind of ecological social welfare,and also a spiritual welfare based on high quality ecological environment.The right to ecological welfare is the only way to achieve common ecological prosperity.It can not only meet citizens’ needs for "ecological happiness",but also protect citizens’ right to fair development.This paper defines the ecological welfare right from the Angle of the constituent elements of the right,in order to clarify the connotation of the ecological welfare right,and lay a theoretical foundation for the subsequent research.The second part is based on the theory of dual nature of basic rights,thinking about the protection path of ecological welfare right from the Angle of state obligation is the innovation of this paper.As a "subjective right",ecological welfare right has the function of beneficial right and defense right,which can require the state to fulfill the obligation of ecological welfare guarantee actively.As an "objective norm",ecological welfare can require the state to fully protect citizens’ ecological welfare right by establishing a complete ecological welfare system.The concrete forms of the state obligation of ecological welfare right guarantee include ecological welfare supply obligation,ecological welfare distribution obligation and ecological welfare relief obligation.The government should actively fulfill the national protection obligation of ecological welfare right and ensure the orderly promotion of ecological welfare protection.In the third part,on the basis of clear ecological welfare state guarantee obligations,this paper studies the practice pattern and existing problems of ecological welfare guarantee system in our country,and puts forward the feasibility suggestions to improve the system of ecological welfare guarantee system as the guidance of existing problems.In recent years,remarkable progress has been made in the construction of ecological welfare security system,and the construction and improvement of national park system reform,land greening,ecological compensation,environmental public interest litigation and other systems.However,the ecological welfare security system is still not perfect in our country,but there are still some problems,such as not perfect ecological welfare legislation,ecological quality to be improved,unreasonable distribution mode of ecological benefits,inadequate ecological welfare relief,etc.Therefore,based on the practical needs of ecological welfare security,and aiming at the main problems existing in the ecological welfare security system,this paper puts forward the following suggestions for improvement: strengthen the relevant legislation of ecological welfare,and bring ecological welfare security into the track of rule of law;Improve the ecological welfare supply system,continue to provide high-quality ecological welfare;Improve the ecological welfare distribution system,improve the ecological welfare distribution mechanism;Perfect the ecological welfare relief system and realize the full relief of ecological welfare right.