Research On The Legal Guarantee Of Ecological Civilization In The Context Of Constitutionalism

Ecological civilization is both a form of civilization superior to industrial civilization and a form of socialism with Chinese characteristics civilization.The 2018 amendment to the Constitution stipulates that "the government will promote the coordinated development of material,political,cultural,social and ecological civilizations,and develop China into a great modern socialist country that is prosperous,strong,democratic,culturally advanced,harmonious,and beautiful." At this point,the constitution of our country has formed the basic framework of ecological and environmental protection,which is based on the Human Rights Clause,the basic state policy of environmental protection,and the State Council as the main body of responsibility.The constitution of ecological civilization indicates that the construction of ecological civilization has made an important step,which provides a basis for the theoretical construction of ecological civilization system and a guide for the construction of the rule of law of ecological civilization.The life of the law is in its enforcement.In the process of the construction of ecological civilization,the traditional ethics of the anthropocentrism is still deeply rooted,and the idea of harmonious coexistence between man and nature has not been established in the whole society;The government officials and the people’s low ecological consciousness make it difficult to promote the rule of law of ecological civilization,and the improper treatment of ecological and economic interests and environmental injustice seriously hinder the development of ecological civilization.The construction of the rule of law of ecological civilization in the context of the constitution should cultivate the concept of the rule of law of ecological civilization in the new era,correctly handle a series of relations such as the development of nature,society and human beings,and strengthen the protection of human rights through ecological education,set up the consciousness of ecological truth-seeking,carry forward the idea of ecological justice,adhere to the consciousness of ecological aesthetics,and take the road of sustainable development.In the construction of ecological civilization,the legal system is indispensable.Taking the opportunity of putting ecological civilization into the constitution,advocating the incorporation of citizens’ ecological rights into the constitution,promoting environmental codification,improving China’s constitutional framework of ecological environmental protection,and providing the highest institutional norms for the construction of the rule of law in ecological civilization,to lay a constitutional foundation for the implementation of citizens’ ecological rights.The amendment to the Constitution makes clear that the State Council,as the main body of responsibility for ecological civilization,and the environmental law enforcement departments should also make clear their respective administrative duties,from the central to the local levels,so as to break the shackles of the localism,to overcome the disadvantages of the sports mode of environmental law enforcement,vigorously promote environmental talks and environmental supervision of the rule of law.Under the background of ecological civilization being put into the constitution,it is necessary to perfect the system of environmental public interest litigation,enlarge the eligible plaintiff body of Environmental Public Interest Litigation,adjust the distribution principle of burden of proof,and explore the establishment of various ways of relief for damages,providing bottom-up protection for ecological justice.