Study On Citizen's Environmental Right

With the explosive growth of population and the continuous development of productive forces, the impact of human activities on the environment has been increasing with more and more negative effect. Today, environmental issues have become kind of global problems that nobody can avoid. The concern about Citizen's environmental rights as a new fundamental right has been raising from 1960s. Now, some countries have defined citizen's environmental rights in the constitutions or other laws clearly and actively carry out the judicial practice, so as to continuously improve the judicial relief system. However, citizen's environmental right is not clearly defined in our constitution and other basic laws. We have a lot of work to do to protect citizen's environmental right. In the first part, I introduce the research's background, aims and significance, analyze the development of theories about citizen's environmental right and its development trend at home and abroad and clear direction and focus of the study. The second part is an overview of citizen's environmental right. First, I briefly introduce the history of the origin of citizen's environmental right. Then I define the concept of citizen's environmental right, and analyze its elements and nature. In the third part, I introduce human rights ideology, theory of intergenerational equity and Public Trust Doctrine which are the basic theories of citizen's environmental right. In the fourth part, I introduce the present studies on citizen's environmental right and legal practice. First, I introduce theories of citizen's environmental right in China. Then I introduce the present situation of legislation and legal practice of citizen's environmental right. At last, I analyze the studies on citizen's environmental right and legal practice. In the fifth part, this paper describes the present situation of legislation and legal practice of citizen's environmental right and discusses the inspiration to China. In the sixth part, I propose ways to realize the citizen's environmental right, such as legislation on citizen's environmental right, balance of environmental administrative right and citizen's environmental right, and judicial relief system.