On The Theoretical Basis Of The Environmental Rights Of Citizens

This paper mainly introduced theoretical foundation of the citizen's environmental right,in understanding of the concept of citizen's environmental right,this paper think that the environmental right is the citizen's environmental right.The citizen's environmental right consists of two major aspects:First,the citizens have the right to live in the health environment free from pollution.Have the right to enjoy good air,clean water,and many other civical and personal safety and health are closely related to environmental resources.Second,the citizen's environmental right will also include rights of citizens to enjoy the pleasure and the physical and mental well-being of the natural beauty.The paper is divided into five parts.Chapter 1 introduced the origin of the citizen's environmental right,and made a statement on the situation about the historical background and research in China.Citizen's environmental rightwere put forward since the Second World War with environmental problems exacerbated,made attention first in Europe and the United States,Japan and other countries in the 1960s.China started to study the citizen's environmental right began in the 1980s,Mr.Cai Shouqiu published in the in 1982,,is the beginning on the studying of theory on environmental right.Chapter 2 focused on the legal basis of citizen's environmental right and has done a note from public trust and human rights.Theory of public trust have been respected in the United States and Japan,In the view of Japanese scholars Harada Shang-yan,in particular the administrative of environment,and its role is to defend the survival of the people,and has been given control of the executive authority on the basis national commission.According to this understanding,the executive authorities should implementation restrictions for pollution on the basis of national commission,when the executive authorities do not correctly exercised control authority,the residents as commissioned should be so-called private law officials,indict the breach of the executive authorities to rectify their violations.In the early 1970s,American scholar,Professor Sachs to the environmental against the United States in the administration of the parties to such issues as qualifications,According to the "public trust" principle,from the position of the Democratic first proposed the theory of the citizen's environmental right.In the citizen's environmental right to the human rights of citizens based on,first introduced the concept of human rights and attributes, followed on human rights and sustainable development of the relationship between theory and the theory of sustainable development that is to deal with human development issues and the protection of civil rights this environment an optimal selection of human rights.Chapter 3 discussed the philosophical vision of citizen's environment right,is divided into two small part,one of which is on the evolution of the concept of human nature,the awe of the whole experience in the natural course to independence and then to attempt to conquer such a natural process.Analysis of human evolution of the concept of natural causes,first,because of the improvement of the social productive forces of mankind,and that philosophy is the concept of human experience from one yuan to the dualism of the changes. The second is the reflection for human center ism,in this part,mainly introduce western human center ism,and China on the relationship between man and nature do the comparison,the ultimate expression of this idea:the surface of human Center ism causing deterioration of the environment today,but any attempt to other centres in the centre to replace the human face of mankind to solve environmental problems is unrealistic,and the key is what kind of people to survive determine the future of the human environment.Chapter 4 is from the perspective of Law and Economics to inspect citizen's environment right and from both external diseconomy theory and the Coase Theorem to clarify.The ecological environment has deteriorated,because producers do not need to pay for environmental pollution,the consequences of environmental pollution easily onto the community,the resulting economic development of the more serious environmental pollution will be the outcome,it is necessary for the government acts or the market mechanism to conduct internalization.Coase Theorem main description of the transaction cost impact on the outcome of the transaction,if clear property rights and transaction costs to zero,even if it does not exist Government norms guide,the same can achieve the optimal distribution of resources.On the theory that the above,we can see that a fundamental resolution of environmental problems requires two responses:one is to play the role of the government,through the development of environmental legislation and taxation to the environment,such as the main means of binding the market economy;Second is the market optimize regulatory role to play to truly optimize the allocation of resources.Chapter 5 is the conclusion of this paper.The main part of the nature of the ecological crisis is the crisis of culture and human crisis,cultural crisis for the performance of material and human development over exceeded its spiritual development and loss of balance;human crisis is that the ecological crisis is one manifestation of their own crisis,the ecological crisis is the result of the deterioration of human nature and performance.In order to deal with cultural crisis and human crisis,promoting the pursuit of Tak and each individual human beings and nature may Shancai,and the people who own the harmonious relations of Habitat.In this paper,the purpose of the study is three:First,through the interpretation of theoretical basis of the citizen's environmental right,the legal clearly defined citizen's environmental right is reasonable and necessary.This is because,as every citizen has the right to a safe and comfortable environment for the right to live,especially in the contemporary era,the economic behavior of human uncontrolled environmental problems caused by a growing number of threats to human life and safety of the time,the law clearly stipulates that citizens on both the right environment for individual citizens and for the whole of mankind and the survival and development is of great importance.Second,the environment problems of this contemporary era are made mainly by the uncontrolled human economic behavior and the modern history of the development of civilization has also been serious damage to environmental resources of history,that is,citizen's environmentalright to be ignored history. Since the destruction of the environmental resources of the environmental issues and environmental problems brought by ordinary people against covert,for a long time civil rights regardless of the environment in the country or abroad, most of the case has not been confirmed.Many people assume a passive economic development brought about by the negative effects,but did not receive any compensation while the other part of the course only enjoy the benefits of economic development,and economic activities will be transferred to the external irrelevant to assume,which directly led to the deterioration of the ecological environment of human beings.Third,the face of it is the ecological crisis today of people's lives deterioration of the environment,because of the growing risk of unpredictable and there is no sense of security,actually,for their nature,ecological crisis is a crisis of culture and human.Economic behavior of the uncontrolled will inevitably bring about the deterioration of the environment, as well as because of the excessively rapid economic development,making it too much emphasis on the upgrading of its economic capacity,thereby becoming increasingly greedy and mercenary,the loss of German and good nature in the pursuit,from the fundamental solution to the human and nature,human and people's harmony on the road to virtue and good culture.This paper adopted a theoretical analysis method,mainly from the law, philosophy,law and economics three aspects explain the foundation the theory of citizen's environmental right.