A Legal Analysis On High Level Of Lead In Blood In Gan Su Province

Environmental Protection law is formulated for the purpose of protecting and improving people's environment. Environmental law is to protect the environmental rights of citizens, in the hope that can safeguard human health where they can live in a non-pollution, high-quality living condition and make full of uses of environmental resources. The environmental rights of the citizens are the Human rights and inalienable fundamental rights. In this paper, in the analysis on the case of high lead of blood in Gansu Province and the current status of protection of environmental rights of citizens', shows the protection of environmental rights of citizens of some existing deficiencies. How to introduce foreign advanced legislation and mechanisms to protect the environment in our country, and enhance citizen's awareness of the law of environmental rights, but also to promote better protection of the environment, adhere to sustainable development and promote the improvement and the development of environmental protection legal system.This paper is divided into four chapters.The first chapter introduces the case of high lead in blood which happened in Gansu Province in 2006, and the related issues. Introduce the whole story, including the relevant governments after the incident they how to report and handle, and discuss it, leads to the focus of controversy of the case. For example, when citizens' environmental rights have been infringed,which kind of legal way we can follow, how to identify the qualifications of civil subject, and so series of the main dispute.The second chapter, focuses on the issue of the protection of citizens' environmental rights, shows developed countries how to protect the environment and a brief account of the origin of environmental rights of citizens'; describes the traditional sense of the content of environmental rights and classification, etc.Chapterâ…¢outlines our classification on the protection of environmental rights, respectively, from the legislative point of view described in the Constitution, Civil Law, Environmental Protection Act and other laws and the relevant provisions of protection of environmental rights, in particular, tort law on this part; And citizens have weak subject consciousness of "environmental rights" and so on, through the case, analyzes the protection of western citizens'environmental rights deeply.Chapter IV, in the case when citizens' environmental rights are violated, we can use which kind of environmental solutions and methods of infringement, we how to make sure the plaintiff and the defendant, how to confirmed that the scope of compensation and reparation or funding sources. We hope to learn from developed foreign countries'experience, such as this two mechanisms, environmental insurance and environmental compensation fund, when similar events occur, to properly handle the corresponding protection of citizens'environmental rights.