On The Realization Of Citizens' Environmental Rights

The theory of citizen' s environmental rights have been put forward since 1960, for environmental problems with the wealth been brought about by industrial revolution rapidly. Some countries began to pay attention to the environmental legislation for protecting public environment, with some scholars putting forward citizen' s environmental rights. At present, some countries have regulated citizen' s environmental rights clearly in constitution or other laws, and found the system of safeguarding in lawsuit. But in China, citizen' s environmental right's are invisible in constitution, civil law, environmental law, administrative law or procedural law. They only embody the parts of content of citizen' s environmental rights directly or indirectly. Such a situation couldn' t meet the necessity of respecting and safeguarding citizen' s environmental rights in real society. This article analyzes the situation of research on the attribute, content and the means of citizen' s environmental rights coming true at home and abroad. In comparison with the model of law and the reality of justice, it considers that citizen' s environmental rights should be the basic constitutional rights for people. People can realize their rights in many ways, including the protection of law, managing and protecting the public environment by government, people obeying and using the law, the environment' s service of media-organization and the justice of lawsuit.The legislative protection for citizen' s environmental rights means that constitution ensures it as a basic right, and creates a legal system including civil law, environmental law, administrative law, criminal law and procedural law, as well. According to laws, government should constitute and carry out the policy, keep the quality control, manage natural resources, beautify environment, and create a well, healthy, comfortable and safe public environment. People can be entitled to environmental rights by using resources and living in a well, safe, healthy environment. In addition, they can also take part in managing environment to ensure their benefits. The media-organization possesses the trait of autonomy, media, non-profit, civil. It is the ligament between government and people that not only fill up the part of defect in management, but also supervise the power of government. Of course, it also upholds the citizen' s environmental rights. The lawsuit is the system of compensation used in the rights infringed. It may be regarded as the last safeguarding for the power of government' s aid. All these means provide the help in using environmental rights, attaining legal benefits and so on. Meanwhile, it may also guarantee that people will live in a well, healthy, safe environment.