On Environmental Rights

The environment right is an environment method core question, is the environment legislation foundation, is also in the environmental law and the environment legislative work elementary theory. The environment right theory starts late in our country, had not had the conclusion about its meaning, but our country environment right's legislative question is imminent. This article is advantageous for legislative and the execution of the law starting point studies the environment power the concept, the nature, the main body, the object, solves the environment power legislation theory difficult position, and historical process which produces in the analysis environment right, and in the overseas environment right legislation's foundation, discusses our country present stage environment right legislation the outlet and the consummation.The environment right was the 20th century 60-70 age worldwide basis environment crisis and the environmental protection movement product. Looked from the international scope and the historical angle that the environment right's idea and the movement main start in industrially advanced countries and so on US and Japan, Europe, and have formed two fundamental researches and the legislative high tide in the 1970s and the 90s. This time "Human environment Manifesto" and "Our Common Future" to will propagandize, the initiative environment right to play the very vital role."the sustainable development theory","the public trust theory"from the society, the humanity, the legal principle theory of law aspect has provided the rationale for the environment right's development.As for the legal stratification plane, the environment right is refers to the environment legal relationship main body to have enjoys the suitable environment the right, also has the protection environment duty. The reality environment right refers to the good environmental right, procedural environment right including environment right to know, environment participation right and environment request right.After the sustainable development concept proposes, the environment right is interpolated one after another by some countries the constitution and the environmental protection fundamental law. These legal rules to the determination and the implementation environment right, played the obvious promoter action. in China, since 1972, the related environment right's legislation already obtained the quite big development. Although our country law does not have explicitly the stipulation environment right, but had involves the environment power the legal rule. must establish consummates our country environment right the legislation to obtain from the following five aspects: (1) establishment constitution environment right. (2) stipulates the concrete environment right in the comprehensive environment law. (3) other department law to environment right protection. (4) perfect and perfect citizen environment simplified and full teachings at present-like and relief way. (5) other system's consummation.