Study On Environmental Right

The proposition of environmental right is with the aggravation of environmental pollution and destruction, the global eco-crisis and the rareness of natural resources compared with the demand of human beings. As a burgeoning new legal right, environmental right begins to be approved by more and more people. The international community and some countries try to confirm environmental right through legislation and legal interpretation. However, people have not yet gain a common understanding on some specific basic theories of environmental right, such as its concept, elements, content, nature, value and so on. So this thesis probes into and deeply studies this proposition by researching, summarizing and enriching environmental right in the aspect of legal science theory and suggests confirming and safeguarding environmental right through legal means, which has significant theoretical and realistic meanings for perfecting environmental law system, strengthening environmental legal construction, protecting and improving environment, promoting the harmonious,sustainable development of society.This thesis consists of three chapters : In the first chapter, the concept,characters,elements,history of environmental right are introduced. It gives a scientific definition to environmental right after compared the different scholars' views about the concept of environmental right. Then it makes clear that the subject of environmental right is human beings. It illustrates the importance of good protecting environmental right by reviewing the historical evolution of environmental right. In the second part, this thesis argues the nature of environmental right being as human rights and its values. First, environmental right is argued and expounded as a stem of human rights from following aspects: (a).its historical evolution; (b).its subject's extensiveness; (c).its basic nature; and (d).its moral value. It illustrates that environmental right is the main content of the third-generation human right and the theoretical significance,realistic significance have been also made. In addition, this thesis compares environmental right with right to life and right of development and thereby draws a conclusion that environmental right is covered by neither right to life nor right of development but is a new stem of human rights or an independent third-generation human right paralleled with those two stems of human rights. Sequentially, the values of environmental right such as efficiency,justice,freedom and order have been discussed. The third part of this thesis observes the questions of protecting environmental right in our country and, consequently, rudimentarily visualizes our country's environmental right construction. First, the questions of environmental legislation and environmental enforcement have been put forward. On the base of learning from foreign environmental lawmaking, some suggestions have been raised, such as make environmental right more clear in the constitution and environmental basic law , strengthen environmental legal construction and environmental legal enforcement.