The Research On The Environmental Rights Of Citizens

The main idea of this paper is talk about 4 parts : The concept of citizen’s environmental right description, the status of our citizen’s environmental right protection, comparative analysis foreign citizen’s environmental right protection and suggestions to perfect the legal protection of citizens’ environmental right of our country.Part I: overview of the citizen’s environmental right.Based on the concept, nature and content of the citizen’s environmental right and the analysis of the basic theory, it is concluded that the most appropriate definition. First of all, introduce the different versions of the scholars’ concept of citizen’s environmental right, eventually we get a specific definition of citizen’s environmental right, namely so-called citizen’s environmental right is refers to the citizen who is living in a good environment rights and enjoy scientific and rational use of the rights in the environment of natural resources. Followed by the nature of the right to the environment, is divided into the right to say that personality rights, human rights, property right and reflected the interests. The content of citizen’s environmental right is introduced, which is divided into the right to use of the environment, the right to participate in the environment, the right to know the environment and the right to request the environment. At last, the theoretical basis of civil environmental right is introduced in detail. In order to introduce human rights theory, basic rights theory, public trust theory, these three are the basic theory for the generation, development and further research of civil environmental rights.The second part: the status quo of the protection of the citizen’s environmental right in our country.First of all, this paper introduces the current situation of our country’s civil environmental right. So far, our country even the rest of the world to citizen’s environmental right has not formed a consistent definition. We only get an indirectly reflect definition and protection of citizen’s environmental right. Environmental law is lack of a clear standard of environmental rights of citizens, so the protection of the rights of citizens has many of the problems left behind. The current civil law does not have a unified and clear provision to protect the citizens’ environmental rights.The second is the status quo of the law enforcement of the citizen’s environmental right in our country. In spite of our country in recent years have made some achievements through some reform measures, the most main performance is that strengthen the law enforcement team, but also increased the environmental administrative enforcement action, and in a certain control the environment pollution, multiple ways control environmental, but there are still more or less problems, these problems also have an effect on environmental law enforcement efforts. It mainly discussed from two or three aspects of law enforcement system, law enforcement supervision and economic barriers.At last, it expounds the current situation of the judicial relief of the citizen’s environmental right in China. In the legislative, law enforcement and judicial aspects of China’s environmental protection has a great progress. The environmental problems in our country are involved in the three major lawsuits. For example, if the organs of environmental management damage to the legitimate interests of the subject, as the injured party can prosecute; if acts of environmental pollution has been to the citizen personal pose a threat, so citizens can claim damages for the breach of contract.The third part: the comparative analysis of the protection of foreign citizens’ environmental right, mainly introduces the United States and Japan.The first is the analysis of the legislation of foreign citizens’ environmental rights. Many international declaration documents are not enforced. International regulations on environmental rights are not mandatory. Although these statements have a certain driving force, but there is a lot of limitations on its impact. The study of the status quo of the legislation of the citizen’s environmental right in foreign countries should be combined with the legislative status quo of the specific countries.Followed by the citizen’s environmental right in foreign law enforcement situation, each country in the concept and key is different, especially the United States and Japan. The United States, through the improvement and strengthening law enforcement procedure, to ensure that in the effect and effectiveness of enforcement of environmental administrative law, and severe punishment and penalty measures; while ensuring tolerance with mercy, taking incentives to some enterprises to achieve the purpose, encourage enterprises to abide by the relevant laws to protect the environment. Japan in the environmental protection measures can be described completely the opposite. Japan attached considerable importance to the source control, and trying to achieve perfect design in the system. The legal system of Japan is perfect enough to ensure the future law enforcement process convenient and efficient.Finally the current situation of the foreign citizen’s environmental right of judicial relief, when the legitimate rights and interests of citizens have been violated, countries will in the legal level to give some relief, the environmental public interest litigation the United States are mainly three aspects. First, the burden of civil litigation expenses, when any action of citizens suit provision as requested, in making the final decision, the court may identify and further ruled pay litigation costs generated in the process of litigation by the dominant or dominant parties. Second, judicial and administrative remedies, as a public welfare activities of the environmental public interest litigation, the Supreme Court of the United States developed two remedies: one is the requirements of environmental administrative organs should be enforced and violators are prosecuted, be strict in enforcing the law; another is asking the court to take coercive measures to stop the organs, enterprises, and other sources of pollution to stop pollution, which is environmental public interest litigation was born at the beginning of the most important means of relief. The third is broad plaintiff qualification. And Japan’s judicial relief mainly introduces the environmental public interest litigation and the scope of the litigation of environmental public interest litigation.The fourth part: improving the legal protection of our citizens’ environmental right.The first is to improve the legislation of environmental rights and related legislative proposals. It is the most basic conditions to protect the rights and interests of citizens. Improve citizen’s legal consciousness is an important way and not by the external force of law, or is law of cold and severe, through the external force means only is a citizen of law formed a sense of fear, so as to improve an important means of citizen’s legal consciousness is mainly through the humanities concern, the realization of the fundamental rights of citizens and maintenance. First, it should be clear to the constitutional status of the citizens’ environmental rights, so as to make the residents get a more clearly constitutional basis. Second, it should be clear that the object of the citizen’s environmental right, perfecting the legislation of the environmental right. The constitution has to bring into correspondence with the civil environmental rights and the provisions of the object.The second is to improve the law enforcement of China’s citizens’ environmental rights. An important aspect to ensure the effective operation of the environmental right law is to regulate the law enforcement of the environmental right. If the rights of citizens in the implementation process not be well implemented and maintained, or the right to be greater than the law of this phenomenon, then the authority of the law will no longer exist. Therefore, throughout the process of law enforcement, it should be firmly adhere to the law of justice and civilized law enforcement, standardize the construction of law enforcement. First sound environmental management system, the second development of environmental law enforcement means.At last, it talks about the suggestions on the judicial relief of the citizen’s environmental right in china. Reform procedure can provide judicial protection to citizens’ environmental right. Relief and power complement each other, and in all the relief, judicial relief plays the most important role. It puts the power of conflict or dispute in the scope of laws and regulations, through the law in the realization of the right relief, but also to restore and consolidate the existing ruling order. The judicial relief mechanism can provide the important guarantee for the citizen’s environmental right. First, improve the public interest litigation system; second, improve the environmental dispute administrative processing system; third, improve the environment of the damage compensation system.