Study On The Environmental Rights Of Citizens Written Into The Chinese Constitution

With the continuous emergence of environmental and ecological problems in China and around the world,as the third generation of human rights,the relationship between citizens’ environmental rights and human survival and development is increasingly close.It is not only an important academic research topic,but also related to the protection of the new generation of human rights of our citizens by our constitution,the guidelines of our Constitution on environmental law,and the higher pursuit of building an ecological civilization society.Therefore,it is of great practical significance for our country to incorporate the citizen’s environmental right into the constitution.This paper is divided into four parts to discuss the issue of our citizens’ environmental rights into the constitution,the necessity and feasibility of our citizens’ environmental rights into the constitution,the path and content system of our citizens’ environmental rights into the constitution.The first part,firstly,it summarizes the proposal and development of citizen’s environmental right: as a new human right,citizen’s environmental right is produced under the background that all kinds of environmental problems and ecological problems are more and more frequently exposed to the world,and citizens’ awareness of environmental protection in various countries is increasing.The development of citizen’s environmental right benefits from the relevant treaties and agreements issued by major international organizations.Then through the induction and analysis of the different views of Chinese scholars on the concept and nature of citizens’ environmental rights,it is concluded that the environmental right is citizens’ environmental rights,which is a basic human right that all citizens can enjoy and can produce,live and develop in a good and comfortable natural environment and make rational use of natural resources and environmental resources.At last,it puts forward the human rights attribute of citizens’ environmental right and the principle of environmental justice.The second part,As the fundamental law of our country,the constitution is the guarantee of the people’s rights.As a new generation of human rights,the citizen’s environmental rights are fully consistent with the constitution,so it is urgent for the constitution to make specific provisions to protect the citizen’s environmental rights.Since the reform and opening up,China’s economy has achieved rapid development,while the environment has been seriously damaged,and the citizen’s environmental rights need to build a complete system As a basic human right,citizen’s environmental right has been widely recognized by international organizations and conventions.As a big country in the world,China should conform to the trend of the times and write citizen’s environmental right into China as a basic human right in order to realize the long-term goal of "community of human destiny" The constitution of the People’s Republic of China.These three points are the necessary arguments for the citizens’ environmental rights to be incorporated into the Constitution in our country.At the same time,it is also feasible for China’s citizens’ environmental rights to be included in the Constitution: in 2018,China will write "ecological civilization" into Article 32 of the constitution,and at the same time revise China’s construction goal to "a prosperous,strong,democratic,civilized,harmonious and beautiful socialist modern power",which reflects China’s attention to the environment,and the inclusion of citizens’ environmental rights will undoubtedly play an important role in environmental protection In recent years,our citizens’ awareness of environmental protection and rights has been significantly enhanced while their material living standards have been greatly improved.People’s pursuit of a better life includes the pursuit of a good living environment,the pursuit of environmental rights,and the incorporation of citizens’ environmental rights into the constitution to protect citizens’ basic rights,which has enjoyed a good mass base Some local laws and regulations have made relevant provisions on citizens’ environmental rights.These local legislative experience can provide valuable practical experience and suggestions for our citizens’ environmental rights into the constitution.The third part mainly studies and draws lessons from the development status quo of some typical countries’ citizens’ environmental rights and establishment methods of citizens’ environmental rights in the constitutions of the world,and then sums up the positive enlightenment for our citizens’ environmental rights into the constitution.The fourth part is the specific conception of the path and right content system of our citizens’ environmental rights into the constitution.First of all,China’s citizens’ environmental rights should be incorporated into the Constitution in the form of constitutional amendment,which stipulates the clause of citizens’ environmental rights in Article 42 of Chapter II of the constitution.The clause stipulates citizens’ environmental rights and citizens’ environmental protection obligations together,which should be specifically expressed as: "citizens of the People’s Republic of China have the right to live in a clean,healthy and ecologically balanced environment and the obligation to protect the environment.The state protects and improves the living and ecological environment and prevents and controls pollution and other public hazards.No organization or individual may infringe upon citizens’ environmental rights for any reason or in any way.Finally,through the protection of legislation,the supervision of the administrative department and the judicial relief,the right protection system of citizens’ environmental rights is constructed.