The Study On Legal Realization Of Citizen's Environmental Right

With the environment crisis aggravating, citizen's environmental awareness and right consciousness awakens, and expedites the emergence of the environmental right. How to realize citizen's environmental right, let citizen pick up environmental right that the legal instrument to protect our own environment become the realistic and meaningful subject at present. Citizen's environmental right still remains at the stage of abstract ethical declaration and social ideals at present. If a right can't become the right that a citizen can obtain, it only has a formal meaning and can't have essence content of the legal right too. To transform the right from ethical right to legal right, further to realistic right is the fundamental mode in the social life .This text devotes to bring up some constructive suggestions for it in order to promote the environmental right tuning from the due right to realistic right. The article summarizes the concept of citizen's environmental right start with the its concept ,nature and the content. Based on specifying the existence of citizen's environmental right, then the paper discusses the theoretical foundation of citizen environment right emphatically, that is the human rights theory, the basic right theory, the public trust theory in order to lay the foundation for legal realization of citizen's environmental right. From the practicing side, the paper elaborates the way of citizen environment right start with legislation confirmation, Administrative guarantee, judicial relief. The paper analyzes the barrier and the countermeasure in relation to the citizen environment right's legislation, we should give clear status to citizen's environmental right in legislation; Next, the breakthrough of tradition viewpoint, the paper proposes the importance of strengthening the non-compulsion methods in the legal realization of citizen's environmental right expect the compulsory administrative methods, namely environment administrative direction, environment administrative contract, environment administrative permission. Finally, in order to make the citizen's environmental right become the citizen real right, the paper proposes environment public interests litigation, and introduces and evaluates the question of the extension of plaintiff's qualification in the environment public interests litigation.