The Constitutional Protention Of The Citize's Environmental Right

The citizen's environmental right is a new constitution right. The environment for the citizen basic right was written down in their constitution in the world,Many countries have established the citizen environment right basic right legal status,manifested the constitution to the citizen environment right acknowledgment and the respect,caused the citizen environment right to be obtained the most basic legal safeguard.As a citizen's basic right,the citizen environment right has not obtained the enough value and the protection in our country. And the most basic reason lies in the citizen's environmental right to lack the constitution basis.Certainly, it is also far from the constitution stratification plane the safeguard.Studying on the citizen's environmental right to the constitutional protention to have the important meaning.In this article, we divide the main into four parts.The first part analyzes the basic theory of the constitutional protection of citizen's environmental right.This part first obtains from the citizen's environmental right concept and analyzes the citizen's environmental right the nature. It is clear about content which it includes and explains the citizen's environmental right to the constitutional protention meaning,discusses the citizen environment right constitution safeguard the rationale. Lays the foundation for as follows elaboration.The scholar is right"the citizen's environmental right"has the different explanation. The citizen's environmental right which this article uses is the narrow environment right ,It is refers to the citizen in being suitable, health and in the good environment the survival as well as uses,the protection environment resources basic right reasonably, including procedural right and reality right. The theorists have the argument much to the citizen's environmental right nature,this article are clear about the citizen's environmental right the constitution attribute.Explains the citizen's environmental right to the constitutional protention accurately the meaning,"the citizen's environmental right to the constitutional protention is refers to through the constitution stipulates the way which or the constitution explained the citizen's environmental right to write down the constitution,causes it to become a constitution basic right, entrusts with the State agency not to encroach upon and perform the positive protection the duty,and by is authorized the institution to carry out the violation of the constitution examination the citizen's environmental right guard mode"And from the human rights thought that the public trust theory,the sustainable development theory as well as the generation of border fair theory discusses the citizen's environmental right the rationale,the card becomes the citizen's environmental right to the constitutional protention existence the validity.The second part of the citizen's environmental right to the constitutional protention's present situation inspects this part to compare the field of vision, introduced that the overseas citizen's environmental right enters the constitution the present situation and to our country the citizen's environmental right constitution design enlightenment. It has analyzed our country the citizen's environmental right constitution protection flaw,elaborated"the constitution for as follows to safeguard the citizen's environmental right the possibility and the necessity"has laid the foundation.Based on the different cultural idea and the legal tradition,various countries enter the constitution about the citizen's environmental right the form also to differ from,Complies with the citizen environment power to enter the constitution this historical trend, in view of our country constitution to the citizen's environmental right protection's present situation and the flaw,our country constitution should adopt revising the constitution the way,"the citizen basic right"in a chapter is clear about"the citizen's basic environmental right and the duty"in the constitution.The third part of various constitution safeguard's possibility and necessary .This part has analyzed the advantage which and the essential condition various constitution safeguard.To realizing to the constitutional government has the important meaning.But in the constitution becomes now under day by day the trends in the world situation, we must face up to this kind of question: In China,the constitution stipulates the citizen's environmental right both to have its necessity and to have its possibility. The fourth part analyzes how to realize our country citizen's environmental right in the constitution. How to realize the citizen's environmental right is divided two aspects which are constitution judiciary and the citizen's environmental right entering the constitution.the citizen's environmental right to the constitutional protention is essential and how can realize the citizen's environmental right to the constitutional protention? The author believed that must realize the citizen's environmental right to the constitutional protention, needs to have two basic conditions at least: First,the citizen's environmental right enters the constitution , this is the citizen's environmental right to the constitutional protention premise.The comprehensive survey various countries'constitutional government practice, the constitution safeguards the citizen's environmental right,first is the citizen's environmental right enters the constitution.Because,if the citizen's environmental right is not one basic right, the country respects and protects the citizen's environmental right the duty not to be explicit,the violation of the constitution review body is unable to carry on the violation of the constitution examination,the citizen's environmental right constitution safeguard also without knowing where to begin mentions. Enters the constitution way regarding our country citizen's environmental right, the author advocated that through revising the constitution way to stipulate the citizen's environmental right explicitly.Enters the constitution content as for the citizen's environmental right.The author advocated that must"citizen's basic right and the duty"in a chapter additionally builds one in the constitution.It stipulates:"the People's Republic of China citizen enjoys in the good environment the health life and the reasonable development, and uses the protection natural resource right, obtains the environmental aspect information the right.Because in the economic activity,other activities, the accident or the natural disaster phenomenon cause the environment quality worsening and create the harm to citizen's health in the situation,the citizen is authorized to obtain the damage compensation; Each people have duty to protect nature and environment, treasures the natural wealth".Second,constitution judicature, this is the key to safeguard for the citizen's environmental right. The constitution judicature is one of by most national approval constitution safeguard ways.Many countries also have the successful legislations in overseas.This article discusses how to establish the judicial practice with the the citizen's environmental right from two aspects which are violation of the constitution system and constitution legal action system.