Constitutionly Of Citizens' Environmental Rights

With the development of the world economy, the pollution to the environment has become more and more heavily. All over the world has attached importance to the environmental right. Form the international scope, we can see the concept of environmental right came from the developed countries like U.S.A, Japan, Europe etc. In U.S.A, Joseph L. Sax's"the theory of the public trust"is the representative in the theory of environmental right. In Japan, scholars probe into the theory from ownership's point of view generally. In Europe and the international society,"the theory of intergenerational equity benefit"is the representative of the theory.After the theory of environmental right was proposed, scholars attach importance to it because the environmental protection is very important. Citizens have right to live in a sound environment. The right is a inherent and basic right. What is more, it is a human right in a modern country which is ruled by law. The production and deterioration of environment result into the demand of protecting the environment. The development of ecology and environmental science makes countries have material methods of guarding this right. Therefore, countries may define the societies principle of statutory right, and making environmental right as a constitution right is a premise of protecting environmental right and it is a basis law of duty of managing environment.With the rapid progress of our country economy, the problem of pollution gets more and more serious, and the people in our country face a severe crisis of living. So, the constitution which protects citizens'living rights may answer it quickly and make the environmental right to the most basic right and protect citizen's environmental rights by Constitution. At the same time, we can set up and perfect the system of litigation about the environment. In this way, we can carry out citizens'environmental rights at last. To achieve this purpose, the most important thing is renewing our legislating concept. That is to say, we may set up the concept of preventing and sustainable development. Based on this premise, the author hold that our country should protect citizens'environmental rights mainly in these ways below. First, establish citizens'environmental rights in the constitution and protect the rights fundamentality. Second, set up the relieving method in the lawsuit of Constitution or examining the violation of the Constitution when the society's conditions are suitable. Third, set up and perfect the system of administrative proceedings which are about citizens'environmental rights. This is an important supply to the protection of constitution rights. Strengthening administrative organizations'responsibility of protecting citizens'environmental rights has significant sense of achieving citizens'environmental rights in Constitution.