Civil Law Protection Of Citizens' Environmental Rights

As a kind of basic and brand-new rights, the environmental rights are the products of the universal environmental crisis and the drive for environmental protection. The environmental rights include the civil environmental rights, the corporate environmental rights, the national environmental rights and the human environmental rights. And among them, the civil environmental rights are the most important ones. What is called the civil environmental rights are the rights, that a man enjoys, of living in and taking advantage of a cure and undestroyed environment. The civil environmental rights have characters of both public rights and private rights, and ought to be protected by the private law.In the thesis, firstly, the author makes a general study on the basic theory of the civil environmental rights, analyzing the concept, nature, content of the rights and the relations with the environmental rights and thinks that the most and first important thing in the protection of the civil environmental rights in the private law is to formulate the civil environmental rights as a sort of independent private rights in our future Civil Code.Secondly, the author analyzes the effects of the view of the civil environmentalrights on the basic systems of the private law ------the real right system, the contractsystem and the personal right system. And then, the thesis does its attempting of constructing the future of an ecological Civil Code in China.Thirdly and particularly, in the law of torts, the author first summarizes the theories, legal precedents and a series of legislation about the private law relief to infringements of the civil environmental rights in different countries with focus on France, Germany, Japan and America. From these cases, we may use their successful experience for reference in terms of their advanced and scientific respects. Then, on the basis of all the mentioned above, the author discusses the system of the private law relief to infringements of the civil environmental rights and puts forward her own suggestions.