Study On The State Delivery Obligation Of Environmental Protection

The industrial civilization has gone through the accumulation of material, and the ecological civilization which is based on the value of citizen’s environmental rights has become the main theme of the times.The strengthening of citizen’s environmental awareness and the increase of the right to appeal, forcing experts and scholars to seriously consider the path of realization of citizen’s environmental rights.At the national level, since the eighteenth National Congress of the party, the Party Central Committee and the State Council have placed the construction of ecological civilization and ecological environment protection on a more important strategic position, which is committed to building a green and healthy Chinese. Accordingly, the innovation of environmental governance system, the implementation of green, sharing and the rule of law have become a necessary way to enhance the ability of national environmental governance. Traditionally, the solution of environmental problems is based on a single line of "environmental protection obligations of citizens or enterprises to the government’s environmental regulatory responsibilities",the passive environmental supervisor role makes environmental governance have made little progress, with ten volts haze and other environmental crisis. Behind it,the government blindly emphasizes the obligation of citizens to protect the environment, but ignore the environmental rights of the constitutional rights behind the country should bear the responsibility.Throughout the development of the theory and practice of environmental rights abroad, most of them start from the status of their human rights, and then step by step to promote the implementation of environmental rights at the national level. This paper draws lessons from the practical experience of foreign environmental rights, from the perspective of public law, through the demonstration of the rationality of the right to environmental benefits of citizens and the necessity of the state’s environmental obligations to complete the transition from national environmental regulation to environmental public service. With reference to the concept and status of the state payment obligation in the constitutional system, it is extended to the field of ecological environment to realize the position of the State Environmental payment obligation in the state obligation system. Then, through the distribution of the state legislature, judicial organs and administrative organs to complete the decomposition of the state environmental obligation system. The ultimate goal is to break through the plight of environmental rights, and to promote the country’s environmental public goods supply and environmental protection duties.