Think About Environmental Rights Entering Constitutions Of Theory Law

With the rapid development of economy, there is a growing sense of rights among people. As a result of people's partial pursuit of rapid economic development, environmental rights arise accompanying the threat resulting from environment pollution and become a global concern. As a newly born right, environmental right has arose comprehensive recognition and many jurist have contribute their efforts to research it. And these researches are not only theoretical, but also carry practical significance and it has got some cheerful fruits although there are great disputes among jurist due to their different angles. So further study is needed. This paper discusses the environmental rights based on jurisprudence theory with the point of view of a constitutional and other related law. I hope that my theory will be an introductory one and invite more people come to research this question. At the same time, this paper aims to provide a rudimental theory for the entering into constitution of environmental rights.This paper is divided into three parts on the subject of entering into constitution of environmental rights.The first part discusses the origin of environmental right. It consists of two parts; the first is the background of environmental rights. In this part we will see that on one hand it is the deterioration of environment resulting in the rise of environmental right, on the other hand, the progress and development of human rights also contribute to the origination of environmental rights. The second part is to explain the concept of environmental rights. After listing the concept of scholars in China, it points out that the main body of environmental rights should be natural person and thus propose the author's concept of environmental rights.The second part tries to justify the idea of the entering into constitution of environmental rights. It includes four parts. The first part includes an analysis of the nature of environment, after a comparison of environmental rights and property rights and personal rights, it points out that environmental rights is either property right nor personal rights, it is an independent basic rights with a constitutional nature. And then this paper analyzes the basic character of constitution and uses this basic character to explore the basic character of environmental rights. The second part tries to prove the necessity of entering into constitution of environmental rights. It includes the requirements of the constitution and constitution law as a fundamental protection of human rights as well as protection of people's rights of action and the requirement of sustained development. The third part is to prove that entering into constitution of environmental rights is a protection of human rights and perfection of development right and analyzed the value of entering into constitution of environmental rights and points out that entering into constitution of environmental rights is to realize justice and pursue a desirable order that is also the reason of entering into constitution of environmental rights.The last part is an analysis of the legal system after entering into constitution of environmental rights. It consists of four parts including an introduction of foreign regulation and the response of Chinese constitution to environment law, as well as the obstacles of entering into constitution of environmental rights and Chinese jurist's attitude towards entry into constitution of environmental rights. And the last one is a proposal of entering into constitution of environmental rights.