On The Right Of Citizens Of The Legal Protection Of The Environment

The citizen's environmental rights means that citizens have the rights that won't be in the pollution environment and the damaging environmental resources. It 's a basic human right,which is an inherent and inalienable right. The protection of the environment in accordance with the law,the right of citizens is conductive to environmental protection,building a harmonious society, realization of basic human rights of citizens. At present, the problems of realization of the right of citizen's environmental include that the concept of environmental rights of citizens have not yet people, the government too much to pursue the development of GDP, environmental protection awareness among the citizens; The right of citizens to enact legislation to protect the environment system is not complete; The constitution is not directly related to citizen's environmental rights; Environmental law and other relevant laws that lack of clearly defined or did not involve environmental rights of citizens;The reason of flawed environmental enforcement exists in which environmental law enforcement agencies is not clear responsibilities, the environment quality of law enforcement officers, environmental law enforcement equipment behind,and environmental law enforcement supervision mechanism is not sound; Environmental rights of citizens of the judicial system is not complete relief including that the plaintiff eligible restricted by the narrow scope of the case,the time is too short, the burden of proof requirement is unreasonable to assume responsibility for the environment the way a single infringement. Difficult to achieve the right of citizens of the environment has its own series of historical, political, economic and other reasons. We can see from the concept, legislation, law enforcement, the judiciary taking several measures to improve the citizens the right to legal protection of the environment. First, raise the environmental awareness of society as a whole. The government has to change the traditional concept of development and to strengthen publicity and education on environmental protection; Secondly, should be clearly stipulated in the Constitution the right of citizens of the environment, clearly embodies the environmental rights of citizens in environmental law , and add the provisions of other relevant laws; Third, increase the environmental rights of citizens protected by law enforcement.A clear duty of all law enforcement agencies to improve the quality of law enforcement officers, law enforcement equipment to update and improve the supervision of law enforcement mechanisms become essential; Last,increase the accountability of environmental tort approach ,the suggest is the expansion of the plaintiff to sue, the expansion of environmental litigation cases of the scope,limitation of Action to extend the environment, the rational allocation of the burden of proof.