The Study On Legal Systems Designing Of The Citizens Environmental Rights

The citizen’s environmental rights are the basis of the research on environmental law and new kinds of rights which are different from civil rights, political rights and social economic and cultural rights. Comparatively, they have newer and richer meanings or connotations.However, as new kinds of rights, the citizen’s environmental rights have been disputed strongly in the legal area since people put forward them. These debates are something can not be avoided both in the theory and practice about the environmental rights. If we world like to study them and consequently provide a good theoretical foundation, we should firstly talk about the relevant theory and comprehend them from the concept, content and so on.The legal institutional designing of citizen’s environmental rights refers to making appropriate institutional arrangements within the legal system in a country. Specifically, it is a kind of activity about making regulations, setting up systems and establishing a perfect environmental law system within the constitutional law and civil law.In abroad, both theoretical research and practical legislation about the civil environmental rights began in1960s or1970s of the20th century. The relevant legal designing system research has been great successful and fruitful. Comparatively, in China, they went through amore late start because of many factors such as economy, politics, nationality and etc. And consequently, both theoretical research practical legislation stated above in China are still in the stage of "exploration", in another words,"touch the stone to cross the river". In response to this kind of situation, many scholars raised their own theories and opinions on the basis of foreign research, and made great contribute to the theory of citizen’s environmental rights research.The purpose of this paper based on the relevant foundational theory is to study and deal into legal systems designing about the civil environmental rights. The full-text is broke into five sections as follows:Section one:This part mainly involves to the basic theory of legal systems designing. First, starting from the connotation and features to discuss the concept and content. And then, dealing into and analyze the nature and dispute. Finally, proposing and analyzing the different opinions.Section two:This section mainly introduces the significance and development trend of the civil environmental rights. In the first place, the three meanings: first, the complete legal system; second, a national dignity and social welfare; third, environmental protection and sustainable using of natural resources. What’s more, the development trend, one is transforming from traditional humans center to ecological center doctrine; the other is changing natural rights to real and legal rights.Section three:This section mainly discusses the current situation, models, and references. To begin with, finding out the relevant regulations and provisions of civil environment rights in the international dedications, treaties and agreements and those of legal systems designing in many other countries. What’s more, introducing the four types of models of legal systems designing. Last but not least, good and useful references of these four kinds of models to China.Section four:This section is to sum up and analyze the current situation and dilemma of the legal systems designing about the citizen’s environmental rights. First, finding out the specific regulations and protection requirements in constitutional law and environmental law and analyzing the current situation in china’s current legal system. Next, pointing out the deficiencies of the legal systems designing as follows:one is the scope of citizen’s environmental rights has not been very clear and definite. The other one is the current environment legal system is not very perfect. The last one is the theoretical dilemma in terms of the subject, content, object, and concept of citizen’s environmental rights. Finally, analyze the difficulties which lies in the practice of legal systems designing from the angle of conflicts between public beneficial in citizen’s environmental rights and the personal rights standard.Section five:This part is to propose the ways and methods of citizen’s environmental systems designing in terms of the current situation and dilemma stated above. First, propose three principles as far as the basic principles are concerned:the sustainable development principle, the government domination and the public participation principle, the commutation and coordination principle. Next, to raise suggestions to make institutional designing in constitutional law on the overall consideration of legal effectiveness ranking in a country’s legal system. Later on, to put forward suggestions to make legal institutional designing in both the basic law and single law of environmental and civil law. Finally, to propose suggestions to make institutional designing as far as the procedural law of the citizen’s environmental rights.