Research On The Environmental Right As A Foundamental Constitutional Right

Respect for and protection of human rights is a fundamental principle of our Constitution. In the case of the increasing urgent environmental crisis, attention to environmental protection and environmental rights is viewed as a basic human right to improve and protect. Chinas current literature of research and environmental rights in the Constitution have been many, but confined to the traditional theoretical analysis methods, on the one hand, there is no clearly pointed out that the environmental rights as the basic international human rights standards and their domestic implementation of its theory of the Constitution basis; on the other hand, the lack of detailed analysis of major domestic, typical environment case studies, flow in the abstract and ambitious system, learn from, the concept is not an effective description of the victims of environmental pollution, the logic of collective action and awareness of their rights. Because of this, the research in the environmental rights, there is an urgent need to explore the legal basis of environmental rights into the constitution as a fundamental human right, to explore the legislative, judicial and administrative protection of civil rights, explore the realistic operation of the environmental rights in the interests of the game and compromise.From the start of the legal basis for environmental rights in the Constitution, and combed the course of development of environmental rights, environmental rights into the constitution to clarify some misunderstandings, and demonstrate the content of the main environmental rights and environmental rights. The article says that the public is the main body which decides environment. The article pointed out that the environmental right is a substantive right rather than procedure rights is an ecological rights rather than economic rights, the rights-based rights but incidental part of the content of the obligations. First detailed analysis of the differences and connections between environmental rights and the first and second generation of human rights, pointed out that environmental and development rights belong to the third generation of human rights. The first chapter of the article is also the link between environmental rights and the basic principles of environmental law are discussed, pointing out that citizens environmental rights should be as basic principles of environmental law. The second chapter of the articles from both international and domestic inspection system to protect environmental rights, combed the literature of international law of environmental rights protection, and legislation to protect the environmental rights, judicial protection and administrative protection, the proposed legislative proposals to improve the protection of environmental rights, judicial recommendations and the administration of the proposal and stressed that to realize the right to appeal and co-governance as an important breakthrough. Articles of Chapter III from the controversy of environmental rights into the constitution of necessity, and then expand the path and methods of the feasibility, environmental rights into the constitution of the major social utility and environmental rights into the Constitution on the basis of the argument. The article also looked at the specific position of the emissions trading citizens environmental rights, features, analysis of the constraints on emissions trading and realization of citizens’environmental rights.