Environmental Rights Into The Constitution Research Under The Perspective Of Human Rights

People’s unlimited exploitation of resources leads to resources crisis. Environmental problems frequently happen resulted by the extensive development Pattern of economy in the process of mining directly, which affects the citizens’ personal and property rights. In order to protect our survival material basis and guarantee citizens’ environmental rights, experts in law reconsider traditional concept of environmental right and the international society propose new environment right from multiple perspective. Environment right enjoys the rapid development under the support of the public trust theory, intergenerational equity theory, theory of human rights, especially the proposal of the concept of the third generation human rights offers era opportunity for environmental right.This essay attaches great importance to environmental right. Based on ecological security, economic development and human rights protection and reference to the development and current situation of environment right in foreign countries, this essay analysis and figures that putting environmental rights into Constitution are the basic property of human rights when considered environmental rights, the presentation of basic principle of the constitution and the inevitable requirement of sustainable development.Based that China’s current legal basis and the construction of "ecological civilization" provides an opportunity for environmental right into constitution and citizens’environmental consciousness raising provides the mass base for environmental right into constitution, this essay concludes that it is the development of human rights in our country that promotes the theory and practice of environmental right into constitution. Legislative status quo and practical status quo of China’s environmental right relatively lacks of the scientific and the rationality. Facing with the urgency of the environmental right into constitution, it is required that environment right be incorporated into the constitution system and be improved its related regulations as soon-as possible, especially the constitution of the People’s Republic of China must introduce the environmental right in the form articles and improve the citizens’ rights in the constitution system. After implement the constitutional position of the environmental right, it is required that confirmation of environmental right in rights of the relevant department, implement environmental information system of citizen, implement citizen participation system and improvement of the system of lawsuit and accusing the mechanism of environment right.