The Constitutional Protection Of The Environmental Rights

Along with economic development and scientific and technological progress,the ability of human to utilize nature and transform nature become more and more stronger. In order to achieve the maximization of self-interest,human become to exploit and use the natural resource wildly,followed by a brutal punishment on human nature,a growing number of environmental problem has been a serious threat to human survival.In this background,environmental protection gradually arouse great concern and attention,and the citizen have gradually increased awareness of environmental protection,environmental rights which is regarded as a way to solve the environmental problem and protect a product of human existence came into being. In 1972,at the declaration of the united nations conference on the human environment, environmental rights is set down as a new fundamental human rights,then all countries have to confirm the environmental rights in the constitution,to manifest the constitution respects the environmental rights,caused the environmental rights to be obtained the most basic constitutional protection. Studying on the environmental rights to the constitutional protention has the important meaning.But in our country,the environmental rights hasn't regulated clearly in the people's republic of china constitution, In this article, we discuss the environmental rights in our country.First of all,I summarize the formation of environmental rights which includes the practical background and the theoretical basis, and then introduce the environmental rights in our studies,analyze the academic's different views on the environmental rights, at last,putting forward my view, on this basis,my thesis begins to analyze the constitutional protection of the environmental rights in our country.From the property of the environmental rights,we study the relationship between the environmental rights and the constitution,looking for the model of the constitutional protection in our country,based on this model,we summarize the situation of the constitutional protection of the environmental rights in our country,the environmental rights couldn't expressly state,only some terms of the environmental aspects,but these terms only regulate environmental resources of ownership and protection obligations,such indirect confirmed haven't adapt our current environmental problem increasingly serious cases and couldn't provide specific legal basis to protect the environment for our citizen.Do we need the constitution to protect our environmental rights?The thesis analyzes this problem from the constitution,law and sustainable development,and induce implementation criteria of the constitutional protection of the environmental rights.When these conditions become true,we analyze how to protect the environmental rights through constitution in our country,it mainly includes three parts:the environmental rights entering the constitution,the completion of relative legislation,the violation of the constitution system. Through the above study, I hope the environmental rights obtains the constitutional protection,in order to solve the present serious environment problem,and we will have a better planet!...