Try Founding In Terms Of The Environmental Right Of Our Country

This text tries economics that is produced with environmental right and law science foundation as the breakthrough point,prove the necessity of establishing environmental right in theory ,and then determine the environmental right circle as:The citizen enjoys the fundamental right suitable for the healthy and good living environment.On the basis of the theory ,I put forward the legislative suggestion of structuring the legal system of environmental right of our country.The first part of article:I have probed into the theoretical foundation that environmental right produce from two respects of economics and law science, namely, from economically, Because the market regulation and overnment interference can't already make this limited resource of disposition, environmental right has arisen at the historic moment. From the point of view of law science, the thought of sustainable development requires us to examine our existing legal system closely in order to the idea of protecting the environment , seeking development again, advancing" afforesting " of the law, in this course " afforested ", the construction of environmental right should become center that we work .The second part of article:I determine the environmental right circle as the citizen and enjoy the right which is suitable for the healthy and good living environment at first, Though country talking about,I establish environmental subject of right limited to contemporary view of people only ,Secondly,I definition of concept, define the object of environmental right is only limited to the ecological function of the environment, and has defined the meaning of "good environment " further. I divide the content of environmental right into environmental right and environmental right on the procedure on the entity.The third part of article:At first, I have investigated the relevant legal systems of foreign environmental right , Secondly, I pass the legislation current situation of analysing current environmental protection of our country, Finally, I put forward oneself about the legislative idea of environmental right , namely define the constitution status of environmental right , structure the whole system of environmental right in environmental Basic Law, and revise the law of traditional department of our country, thus set up the system of environmental right.