Study On The Constitutional Protection Of Citizen's Environmental Right

The citizen's environmental right is affirmed and protected by The Constitution, then to be protected by the ultimate law, and it can offer the ultimate law to ensure and provide basis and criterion for designation and operation of every concrete legal system of environmental right. Further more, respect and guarantee from The Constitution, captain the inner spirit of every concrete legal system of environmental rights on the value layer. It offers the highest gist and criterion to keep away and control infringing from all kinds of public rights, such as legislative action, administrative action and judicial action.Titled as the constitutional protection of citizen's environmental right, the paper explores the problem from the following four parts:The first part analyzes the basic theory of the constitutional protection of citizen's environmental right. It defines the basic concept of citizen's environmental right at first, making it clear that the citizen's environmental right in this paper is in its narrow sense ,and it includes substantiality right and procedure right. Then put forward the point that as a basic human right, the citizen's environmental right needs to be affirmed and protected by legislative system, administrative system and judicial system of The Constitution. Finally the paper analyzes the legislation and judicature practice of other countries, and points out the deficiency in our constitutional protection of citizen's environmental right, suggesting establishing and perfecting it.The second part analyzes the guarantee to the citizen's environmental right from legislative system. At first, the paper makes it clear that the establishment of constitutional basic right status is the premise to protect the citizen's environmental right by The Constitution. Then explore the protection from the nation's environmental right which focuses on the responsibility of environmental administration ulteriorly. Finally the paper points out the problem on legalization after the citizen's environmental right has been written in constitution. Through compartmentalization oflegislative popedom, turn the constitutional rule into concretion and legalization, and then make it more maneuverable.The third part is about the guarantee from administrative control system. In view of the potential dangerous from nation's environmental public rights to citizen's environmental right, the paper points out the importance of procedure environmental rights from two aspects -the right to know on environment and the public participation system. In order to make the protection of citizen's environmental right come true, it is necessary to supervise and restrict the environmental administrative rights by the procedure environmental right.The forth part explores the guarantee from judicial system. Judicature is the last line of defence to justice, and is the protection ex post facto to citizen's environmental right. Constitution judicialization is authorized as one approach of constitutional guarantee by most countries. And there are many successful practices of legislation and judicature overseas. The paper tries to constitute our judicial guarantee system of citizen's environmental right by using for reference of the constitution litigation and investigation to the constitution.