Study On The Constitutionalization Of Environmental Right

The environmental right as a new civil rights, its emergence and development isthe inevitable product of the development of human society. With the rapiddevelopment of industry in western countries after World War II, emerging pollutionproblem, belong with the development of global economic integration,environmental problems have spread around the world, the global economicdevelopment and human survival has caused serious threat. These problems causedextensive concern of environmental right; environmental right has become a keyproblem in the field of law. In recent years, the ecological environment problems inChina more and more serious, the contradiction between economic development andenvironmental pollution are increasingly sharp, over-exploitation of resources, lawon industrial emission standard is not clear and a series of problems leading to therapid deterioration of the ecological environment. Since the nineteen eighties,Chinese law-scholars have begun to study the environmental right, people’sawareness of environmental protection has improved, and after entering90ages, thedomestic research on environmental right has entered a period of prosperity, theemergence of a number of influential scholars and academic masterpiece. Scientificoutlook on development is promoting the environmental rights theory research. Atpresent, in the constitution of our country has not stipulated the environmental right,but some terms from one indirect implied provision on environmental rights relatedcontent. Special era of environmental right of human environmental crisis, itsspecificity leads to conflict of environmental right and environmental right of debatehas been unable to stop, the law of our country whether this new rights to provideclear support for environmental rights, whether can the effectiveness ofenvironmental right in constitution, give the environmental right and the basic rightsprotection of extraordinary significance to the process of democracy and the law in China, which embodies the idea of sustainable development.Theoretical study of the environment relates to cross much legal theory, is anew type of rights, and in a process of development and improvement of therefore,protection and development of environmental right in China is still facing a lot ofdifficulties. The scholars of our country with a keen intuition and Chineseenvironmental status of the environmental right more in-depth research, the90’ssome scholars put forward the concept, constitutional environment rights protectiontoday, whether it is the extraterritorial environmental rights constitutional practice orour country environmental right protection of the status, in the author’s opinion, ourcountry environment right in the constitution have the practical machine. The humanface of the environment, population, energy crisis, the constitution should providethe corresponding measures, provide the theoretical basis and practical basis forhuman to overcome crisis. Human rights advocates natural rights, everyone is bornequal concept provides theoretical support for environmental rights as a basic right;environmental justice, balance, equality and win-win principle provides a basicmoral standard to rational use of natural resources of mankind; public property of thepublic trust doctrine defines the environmental right, which is in line with thescientific Development General Secretary Hu Jintao in2003July speech in theconcept, and the environmental rights into the constitution is just a good legalguarantee of the scientific outlook on development.With the increasingly serious ecological crisis, most countries in the world havebeen focusing on the environmental right in legislation perfection. The United Stateson1969promulgated the "National Environmental Policy Act", Japan also in thesame year, formulated the "Tokyo Pollution Prevention Regulations". After theenvironmental right confirmation is rising to the level of constitution, so far, morethan60countries stipulate the environmental right in the constitution. With therecognition of the environmental right to deepen, also have the importance of manyenvironmental rights scholars recognize the environment right as a basic right in our country, the concrete scheme of environmental right in constitution. According to hisresults of environmental rights legislation and the scholars of our country, the authorthinks that environmental rights into the constitution is that China should adopt themode. Not a specific location and content of the rights is very difficult to achieve,the environmental right in constitution is the best embodiment of the guarantee offundamental rights. This not only conforms to the development trend of the currentenvironmental situation, but also reasonable protection of citizen’s environmentalrights are not infringed, but also to the socialist road for our country, to provideguarantee for the sustainable development of economy, environment.From the environmental problems to the protection of the right of foreignexamples, environmental studies and Chinese scholars on the environmental rightstheory based on the present research, the theoretical basis of the analysis of China’senvironmental rights into the constitution, the necessity of environmental rights intothe constitution, comparative study of other national environmental rights into theConstitution of the contents and methods of analysis, in the constitution Chinashould take the environment right according to the conditions of our country, onChina’s environmental protection and the realization of civil rights has profoundsignificance.