Perfection Of Chinese Citizen Environmental Duty Law

Citizens are one of the subjects of environmental governance.With the transformation of environmental legislation from "production" to "life",the scope of the subject of environmental adjustment has expanded from the government and enterprises to citizens,and the concept of public participation in environmental protection has changed from a single right-led to a combination of rights and obligations.The study of citizens’ environmental legal obligations has gradually received more attention.The current legal norms of citizens’ environmental obligations are mainly reflected in the Constitution,the Environmental Protection Law,the Civil Code and various separate environmental legislation,and are stipulated from the basic elements such as behavior requirements and content,as well as the sub-elements such as subject,time and space,and degree.Although the existing norms have certain value,there is still a large gap between them and the legal effect that the text guides to achieve.Specifically,the main problems are the repeated setting of some norms,the incomplete structure of relevant norms,the conflict between norms,and the unclear boundary between citizens’ environmental laws and moral obligations.In this regard,this paper reflects on the causes of the conflict between repeated legislation and norms from the form of expression of relevant norms,and analyzes the reasons for the incompleteness of the structure and the limits of moral legalization from the elements of relevant norms.It is proposed that the current norms of citizens’ environmental legal obligations should be optimized from the aspects of prevention and review of repetitive norms,supplementary structural elements,adherence to the principle of legal priority and protection,and clarification of the limits of the legalization of moral obligations,with a view to providing legal reference for the theory of environmental rule of law and environmental governance practice,improving the environmental legal governance model,and promoting the construction of ecological civilization.