Study On Civil Protection Of Environmental Personality Right

The18th National Congress of the Communist Party of China put forward to build abeautiful country for the first time. The status of environmental protection was improvedconstantly. With the development of society, people pay more and more attention to theirown rights. Wether it is filed individual lawsuit about the social effects of pollution, or caseabout lighting right goes to the court, these all means that the requirements of theenvironmental rights and interests to citizens become more and more important. As aresult, the environmental personality right was created. The main purpose of this study is toexplore the civil protection of environmental personality right. Meanwhile, analysis ofChina’s civil law protection on the environmental personality right is propitious to perfectthe construction of environmental personality right. It is of momentoustheoretical significance and practical significance to make a study on the civil protection ofenvironmental personality right.This article mentions the concept, the characteristics, and the character of theenvironmental personality right. By comparing it with the personality right and theenvironmental right, the article makes the theoretical analysis of the environmentalpersonality right. Then it clarifies the necessity and feasibility of establishing. On the civillaw, this paper analyzes the path of the protection of environmental personality right fromthe personality right law, property law, tort law, contract law and so on. And it provides thetheory and legal basis for the private law relief. Meanwhile, relevant legislations of thecontinental law system and Anglo-American law system provide some valuableexperiences for perfection the construction of personality right of environment in china. Inthe construction of environmental personality right, it should be with the rights andobligations consistent principle as the instruction, and determines positioning system in thelegal system with the legislative model of generalization and enumeration. Clear theenvironmental personality right content from the legal relationship between the rights andobligations of the principal angle. By analyzing the characteristics of relief system of the environmental personality right, the paper puts forward content, way and implementationfor relief. Emphasis on litigation incentive mechanism of environmental personality rightto ensure that the litigation has accomplished, and the relief will into practice. That is acreative idea of the thesis. The writing method of this paper include the writing method ofthis paper include concept analysis, comparative analysis, empirical analysis, documentanalysis etc.System of personality right of environment drawing from the framework of civil rightof personality system has breakthrough and innovation. The individual rights are protectedwith the statutory forms of right. Though the establishment of the concept ofenvironmental rights and interests of citizens, protection of public environmental rights andinterests can be achieve finally.