Study On The Legal System Of Environmental Rights

Since the environmental rights theory was put forward in the 1960's, it has belonged to the fundamental category of the environmental law. But the development of environmental rights is not smoothly. On the one hand, environmental rights theory was considered that it leads the environmental law theory and the practice of legislation; on the other hand, it comes under serious criticism. So the legislation of environmental rights theory and the practice of law are facing the enormous difficulties . In view of this situation, it is important to find out a feasible way of the development of environmental rights theory through the analysis of the difficulties. One reason that make the difficulties is the confusion of the basic theory environmental rights. It is because that there is not a common understanding of the subject, object, capacity and definition of environmental rights. That is the reason that legislation can not protect environmental rights. Another reason that made the difficulties is the unclear understanding of the attributes of environmental rights that causes the confusion of environmental rights about protection and system of legislation. Therefore, this paper organizes and analyzes the basic theory of environmental rights at first in order to illustrate the rights constituency system of environmental rights. On the basis of understanding the rights constituency system, the paper mainly analyzes attributes of environmental rights and testifies that environmental rights has three kind of attributes. Thus according to the three kinds of attributes, the paper studies the environmental rights according to the three aspects of the constitutional safeguard, legal safeguard of substantial environmental right and procedural environmental right.