The Theory Of Environmental Right To Know The Legal Protection

Right to Environment in the context of environmental issues highlighted the public to actively seek a right of environmental information disclosure. With environmental awareness and public concern for environmental issues has reached an unprecedented height. To protect the environment, you must first understand the environment, to solve environmental problems, it must first access to environmental information, and therefore, more and more countries are beginning to pay attention to the environmental right to know, right to know through clear legislative environment will be as abasic human rights. The legal protection of China’s environmental right to know is just getting started, how to achieve the increasingly vigorous public environmental right to know the voice of the legal protection of the environment’s right to know as the entry point of this article.This thesis first discusses general issues relating to the environment’s right to know, including environmental right to know the concept, subject, content, functionality and other aspects. To submit an environmental right to know the definition key to determine the environmental right to know belongs to the right to know, combined with the history of the development of the environmental right to know, stick to the "environment" and "informed" connotation. Environmental right to know the main distinction between the subject of rights and obligations of the main.Determine the environmental right to know the content while the concept started around environmental information, including environmental information known to the right of environmental information disclosure claims, the right to the relief of the environmental right to know of three parts. Environmental right to know the main function of the performance improvement of the public, businesses, government.On the legal protection of the environment’s right to know the problems, including environmental right to know and not established in the law, to express most of the environmental information disclosure, the legal protection of the environment’s right to know no legal basis; with other countries to open the main, not publiclyexception of a different principle, China’s environmental information disclosure to limited public main, limited the scope of disclosure of environmental information; public environmental right to know the legal relief through a petition for reconsideration, litigation and other means, but need to face the lack of independence of the review bodies, standing to sue andlitigation costs and other aspects of distress.Solve the problems in the environmental right to know laws to protect the Constitution of the environment’s right to know, is undoubtedly the best choice in the long run. However, in the level of the current environmental crisis exacerbated by environmental right to know the Constitution also need time to prepare the case, the environment of the parties informed accompanying informed of the obligations of the rights and interests recognized by law or judicial explain, given the environmental information has to be achieved. You can also learn from the successful practices and advanced experience of foreign legislation expressly environmental right to know, the development of environmental information disclosure regulations. But also to sort out the practical application level, to cancel the restrictions of the environmental information to apply reason, and actively build public environmental information network platform, expanding the range of subject and object of the Right to Environment, clear environmental right to know by the way of relief when the infringement.