Environment Right Related Discussion

Environmental right is a fresh and important legal rights area which is developing rapidly nowadays. At the same time, it opens an untouched field for the law theory. Environmental right is in the core centre of environmental law. It is also the basis of environmental legislation, law enforcement, environmental management and lawsuit; as well as the fundamental theory of environmental law. Therefore, the research of environmental right is the milestone in the environmental law study, and has its key position in both academic and practical fields.As everyone knows, the environmental problem has been one of the biggest concerns since the 20th century. The living environment is getting worse world widely which has been a major trouble for economic growth as well as for the constantly development of human societies. As a result, the environmental rights theory comes along with the boost of the environmental crisis.This paper researches the introduction of the environmental rights background and its history. A discussion of different definitions of environmental rights and its structure has been carried on. The nature of it is analysed based on this discussion. A conclusion is reached on the definition and nature of environmental rights, which takes it as an extension filed of human rights. After the introduction and background analysis, the writer introduces the current environmental rights in China and other countries; a statement is reached about how to develop its legislation in order to complete the environment rights in China particularly.The paper has five parts in total. The first part is a history introduction which introduces the born of environmental rights. It is followed by the second part which gives an example of the argument between different theories about environmental rights. Based on this argument, the existence of environmental rights and its necessarily is reached. Nevertheless, a discussion between Environment and Environmental Right is made, which reaches a conclusion of the definition of environmental rights. The third part repeats the definition of environmental rights and introduces the structure of it. The environmental rights nature and importance are brought in here to complete the understanding of environmental rights theory and its importance in nowadays law structure. The fourth part compares different natures and definitions of environmental rights in both China and other countries, which lead the readers to acknowledge its differences and similarities in order to be aware and benefit in our legislation works. Last but not least, the fifth part which is also the core part of this paper researches the environmental rights and its legislation in China. With the awareness of the current situation of China environmental rights, the writer discusses its shortage and brings in his suggestions in the end.