The Protection Of Civil Rights In The Environmental Emergency

With the rapid development of global economy, the environment is deteriorating, the period of frequent environmental emergencies had been coming, so governments have to strengthen governance of environmental emergencies. As the sepecificity of environmental emergencies, the Government in order to respond to environmental emergencies have to be gifted with the administrative emergency power, this power has two sides, on one hand, the administrative emergency power can help the government to respond the environmental emergencies in a timely manner, but on the other hand,it may also damage the civil right. So the protection of civil rights in the environmental emergencies have caused general concern by all countries including China.The environmental emergencies events will trigger a non-normal state, the administrative emergency state.In the state of administrative emergency,in order respond to the environmental emergencies effectively,the problem about the protection of civil rights is mainly related two aspects,one is to standard the execution of the administrative emergency power;the other is to protect the civil rights. On the one hand, with the own characteristics of concentration, expansion of the administrative emergency power,adding to the complexity and urgency of couplling with the environmental emergencies, result the emergency powers'ambiguity in the state of administrative emergency, and result the supervision mechanism is not complete. If the emergency powers can not be restricted, the situation of the administrative emergency powers damage the civil rights will occur. On the other hand, in the environmental emergencies, the civil rights have been violated needs to be timely relief.But the administrative review, administrative litigation, administrative compensation, executive compensation whether to normal operation in the state of emergency in the theory and practice have been no consensus, there are also some disputes, if there is no effective ways to safeguard the rights of citizens, the target to maximize the protection of civil rights will be difficult to achieve.Throughout studying some foreign countries, such as the United States, Japan, the emergency law started earlier, and reflects more about the protection of civil rights.The reason is that the emergency law, system, mechanism are relatively perfect,these are benefit to the protect the civil rights. However, China's environmental emergencies about the protection of civil rights'legislation are scatter, have not formed a sound legal system.Although the Emergency Response Law reflects more about the protection of civil rights, it still difficult to overcome the conflict between the restrictions of administrative emergency powers and the relief of the civil rights in the environment emergency.To protect the civil rights of the environmental emergencies better, in the aspects of administrative emergencies'restrictions, we must authorize the administrative emergencies power clearly and adequately, and establish its bottom line, then review and supervise the power. In the aspect of the protection of civil rights, firstly,we must clear the basic human rights principles, and secondly, through perfecting the administrative reconsideration, administrative litigation, administrative compensation to improve the civil rights remedy system, and make them also operate in environmental emergencies properly. Most of all,only unifying the restrictions of administrative emergencies power and the civil right protection in the environmental emergency to the environmental emergency legal system,can we maximize the protection of civil rights. So we must improve the environmental emergency response mechanism and legal system in the environmental emergency to perfect the legal system to reach the object of maximizing the protection of civil rights.