On The Legal Protection Of Citizens' Environmental Rights In China

Haze shrouded,the Huangpu River from the "Pearl of the Orient" to "Oriental pig", Sinopec Huang Wei-heavy crude oil pipeline leak caused casualties......Environmental pollution incident again and again to us sounded the alarm, environmental issues that must be regulated and adjusted by way of legislation, environmental rights of citizens in a time of serious environmental pollution violations, must obtain effective legal protection. This paper attempts to expand from three aspects of the legal protection of citizens’ environmental rights of exposition: The first aspect of our country’s existing environmental laws protect the rights of citizens with regard to problems of analysis. As a right, by subject, object, composed of several aspects of the content of this. Since the environmental rights of citizens in our country itself and not clearly defined in the legislation, so there are many defects in the legislative framework, the relative obligations theorists environmental rights of citizens on the subject, object, content, and environmental rights of surviving in the larger dispute; at the institutional level, although some branches of law in our country are more or less been involved in environmental protection, but are just one aspect of a specific remedy, and can not form a complete and effective environmental legal system.The second aspect, to get our country can learn from the advanced experience of other countries through a comparative study about the provisions on the right to the protection of the environment. United States and Japan is the right of citizens to protect the environment through a double level of national constitution and the Basic Law, the French are clearly defined by the direct environmental rights of citizens in the Constitution, of Sweden, represented by environmental rights of citizens of certain countries will be included in the Constitution other rights in. The third aspect, the last part of the talk about environmental rights of citizens of our country to develop and improve legal protection from both the legislative and institutional levels. First, from the legislation, our country can adopt the Constitution and the Basic Law double from this way of protection. Environmental rights into the Constitution is a trend, and the environment in our country only the right of citizens to establish constitutional status, in order to obtain the most fundamental protection. Environmental Basic Law as a constitutional law on the concrete implementation of a systematic environmental rights, the environment may be the legal protection of citizens and have the right to make a detailed legal provisions operability. Main environmental rights of citizens of our country currently exists is not clear, the object scope is too narrow, the contents of uncertainty and some lists of questions to answer effectively. Environmental rights of citizens of our country to the level of legal protection system construction can create both direct and indirect relief pattern is conducive to maintaining a comprehensive environment for citizens’ interests. In the specific design of the system, the citizens, environmental organizations, environmental protection departments, prosecutors have filed the environment are included in the scope of public interest litigation plaintiff; environmental public interest litigation should be a reasonable allocation of the burden of proof between plaintiff and defendant; environment in order to improve citizens filed PIL enthusiasm, trying to adjust the payment of attorney fees and litigation, the plaintiff reward these two aspects; while also taking into account the public interest litigation in order to obtain some simple rewards made possible acts of obstruction of justice, the plaintiffs filed a lawsuit designed to guarantee the manner in which the conduct of certain potential inhibition; environmental public interest litigation due to public welfare, welfare rights with non-punishment of such characteristics, so not suitable for mediation and civil litigation system.