Research On The Private Law Relief Of Right To Environment

Right to environment originates from the recognition of the relationship between human beings and environment, which generates and develops based on environment crisis. As a kind of new basic human right, right to environment has been widely accepted in the worldwide after passing Declaration of Human Environment in the United Nations Human Environment Conference held in Stockholm in 1972. As a result of the emergence of environment democracy concept and human rights consciousness, the problems of right to environment have been embodied to different extent in the aspects of theoretical research and legislation. For instance, the law of Environment Protection in our country has regulated in the sixth item as follows: all the departments and individuals have the obligations of protecting environment, and have the rights of accusing and complaining any department or individual who pollutes and destroys environment. Some endemic laws such as Shanghai Environment Protection Rules has further pointed out that citizens have the rights of enjoying good environment and obligation of protecting environment. But even so, the legislation in our country is still in the delayed state comparing with the other countries that have established right to environment in constitution. And in the aspect of theoretical research, right to environment and other rights are confused for the misunderstanding of generation of right to environment and inaccurate orientation. Especially, the relief of right to environment is rarely mentioned, which fail to result in the implementation of right to environment relief in the jurisdiction practice and bring difficulties to the actual operation.Therefore, as a kind of new basic human right, right to environment should receive more protection, especially about the relief of private law. In the thesis, the basic theory of right to environment is reviewed, the concepts, contents and properties of right to environment are analyzed, and the law fundament of private law relief of right to environment is revealed. The author also summarizes the theories, legal precedents and a series of legislation about the private law relief of right to environment in different countries such as France, Germany, Japan and America. From the cases, we may use their successful experience for reference in terms of their advanced and scientific respects. On the basis of the above analysis, the author discusses the system of the private law relief of right to environment. By analyzing and studying the present research achievements, the author mainly explores how to carry out such two relief methods as compensation for damage and exclusion of damage, and how to solve their problems in practice. Finally, the author puts forward some suggestions in several aspects in order to do some good for environmental legislation in our country.