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The Constitiutional Protention Of The Citize’s Environmental Right

Posted on:2015-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhangFull Text:PDF
GTID:2266330422469564Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of society and economy,global environmental pollution becomesan increasingly serious problem. Environmental rights has become a matter of concerncountries in the world where environmental rights of citizens have been in many countries asa fundamental right of citizens to be protected. China’s Constitution clearly stipulates thatcitizens enjoy the environment has not been right, but in the Article9of the Constitution andArticle26of the proposed protection of life health, ecological environment, prevent pollutionproblems from the perspective of national responsibility. Prescribed too principles forenvironmental rights of citizens are not specified. Therefore has important practicalsignificance theoretically investigate the constitutional right of citizens to protect theenvironment issue.This paper is divided into five parts altogether. The first part of the nature offundamental rights, the Constitution defines introduces the concept of environmental rights,environmental rights and the historical background and environmental rights, and has raisedthe subject of environmental rights which enjoy major theoretical elaboration. The second partintroduces foreign constitutional protection of environmental rights, environmental rightsemphasize the international community generally clearly defined by the Constitution, and therights of our citizens to protect the environment of reference. The third part describes thecurrent situation of China’s environmental rights protected by the Constitution and existingproblems in China’s environmental authority has not yet been clearly defined constitution,noting that the Constitution did not provide for the right environment is not conducive to theprotection of civil rights. The fourth part, from the inherent requirements of the Constitution,the establishment of the constitutional litigation requires citizens to achieve sustainabledevelopment and comply with environmental rights perspective on the necessity of thedevelopment trend of environmental rights protected by the Constitution. The fifth part, themain advantage of the practical experience of foreign countries and from the reality of ourcountry, be bold vision. Confirmed by the constitutional environmental rights, environmental rights interpretation of the Constitution and the establishment of constitutionallitigation three aspects of environmental rights protected by the Constitution specificallyconstructed.
Keywords/Search Tags:Citizens’Environmental right, Constitution protect, Civil basic right, Buid
PDF Full Text Request
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