Research On Environmental Right And The Protection In The Field Of Vision Of Human Rights

The research of environmental right was initiated in 60s of the 20th century, it was accompanied with the environmental crisis. Because of frequent environmental incidents in modern society, the environmental crisis intensified, protecting the environment which is important with living and development have become an important issue around the world. From generation to the development environmental right has been an issue of concern in the field of human rights and environmental law.The significant of human right is obviously. We are not only need civil rights, political rights and economic, social and cultural rights, but also need conducive environment to survival and development, if there is no good environment, there will be no existence or development, not to mention human rights. This paper will discuss how to protect the of environmental right effectively in the background of human rights protection, to achieve the purpose that protecting the environment for human to live and develop, to confirm the protection and realization of the citizen's fundamental rights as the target.This paper consists of 7 chapters. As the opening badge General Introduction mainly introduces the background and significance of selecting the topic, the research contents and methods.The first part of the paper discusses the concept of environmental right, mainly introduced the origin,development and the definition of environmental right. The second part sums up the theory basis of environmental right, include social entrust theory, intergeneration equity and theory of sustainable development. The third part demonstrate the human rights attribute of environmental right. Firstly, environmental right is a kind of human right; secondly, it is a fundamental human right; thirdly it is an independent human right. As Ecocentrism is insufficient in protecting environmental right and human rights protection mechanisms have lots of advantages in protecting the environmental right, it is necessary to ensured and protected by human rights.The fourth part introduces the main contents of environmental right as a kind of human right, includes substantive environmental rights and procedural environmental rights. Part V focuses on the improvement of legal protection of environmental right. To protect environmental right effectively, all aspects of the legal system should be improved:First, we should enhance the environmental right legislation, in particular to constitutionalization of environmental right, Truly recognized environmental right as a civil right.Second, focus on the protection of environmental right in the implement of administrative law, transforming the Government Functions from managemet to service and strengthen the protection of procedural environmental rights; also it is necessary to improve the judicial system to give citizens the rights to administrative proceedings and the rights of public interest litigation. Judicial should play the big role as the last protection of the rights. The conclusion summarizis the important significance and approaches to protect the environmental right as a kind of human right.