Research On Domestic Law Of Protection Of Environmental Right

With the rapid development of human society, the environmental problems have become increasingly serious and the key problem concerning the human survival and development to be solved. With the recognition of people, the Environment right as a newly developed right is widely accepted in the international society, based on the theory of human rights and public trust. China is a developing country whose environment crisis erupted late, so the environment right legislation isn't as perfect as the developing countries. However, scholars have been committed to the research of the Environmental right. This paper discussed four aspects of the legal protection Environment right.The first part introduced the legal basis of Environmental right from its background and demonstrate its rationality as a legal right. The paper stresses that Environmental right is a newly developed right proposed by the environmental crisis, with the legal basis of human rights and public trust. Environment right owns its property right and social attributes and elaborates the subject, object and content based on its properties. This article regards citizens as the content of Environmental right.The second part introduced the status of Environment right legal protection system in the United States, Japan, and the European Union's in a perspective of the legal protection to provide reference for the perfect of our country's Environment right legal protection structure. Then the paper collected and analyzed the status of our country's Environment right legal protection. The status of Environment right legal protection system is full of problems and requires us to perfect it in many aspects.The third part introduced the problems in our Environment right legal protection system after investigating the status of Environment right legal protection system in our country. The problems are the lack of legislation on the Environment right and the interest of legal protection of the environment. The constitution lacks the Environment right terms, and it is not directly related to citizen's environmental right. Environmental law and other relevant laws have no clear definition or don't involve environmental rights of citizens. The fourth part introduced the goal of constructing protection of Environmental rights in the legislature system design. Consider the Entity rights and Procedural rights; learn the reference from experienced foreign countries and combine the practical situation in our country. It is necessary to add the right to the constitution, in order to improving our Environment right legal system, and confirm the content of the Environmental right in civil law and mend the Environmental law to ensure realization and of the citizen's environmental right.