The Analysis Of Conflict Between Rights And Power In Environmental Mass Incidents

Environmental pollution has become a inevitable problem in the nationaleconomic development. Under the protection of enterprises emissions are prejudicingthe citizen environment right constantly. Citizen environment right is rich in content,including environmental using right，environmental protection adjoint right andenvironmental personality right. Enterprises should be in the range of possible respectcivil environment rights. The government has the special power of environmentalpolicymaking, implement environmental laws, public affairs managementenvironment. Government as the subjects of environmental rights have the obligationto protect the civil environment rights against infringement. Although according to therequirement of the macroeconomic situation, in specific period taking thedevelopment of "treatment after pollution" line has historical rationality, the presentcitizen have become the victims of economic development. Theoretical research ongroup incidents for environment right at home and abroad are mainly concentrated incivil environment rights consciousness enhancement, the government inaction andenvironmental rights relief channel is not smooth, etc. There is amostly no researchon the conflict of citizens, enterprises and government in the mass incidents which isthe focus of the event. Reaction in legislation is the conflict between and among thecivil environmental rights, the enterprise emissions and government powers. Alongwith the construction of the rule of law civilization in our country, environmentalgroup incidents will need to be done in accordance with the law. Therefore, the studyof the conflict of civil environmental rights, the enterprise emissions and governmentpowers in the environmental group incidents has great practical significance.The conflict of civil environmental rights, the enterprise emissions andgovernment powers concrete reflect for the follow situation：Enterprise emissionexpand wantonly and has encroached on citizen environment rights. Due to thelimitation of the government power, the government can’t supervise enterprisesroundly. The government power has the tendency to rent-seeking.Government andenterprises in the environmental problems exist complex interest relationship. Government environmental power has been alienated and can’t supervise emissionpermits of enterprise effectively. Enterprises emission is expanding endlessly.Therefore, the government in the environmental group incidents has very importantposition. In environmental group incidents the alienation of the government power isthe key to the conflict. Firstly, this article analyze the reason and resolution principlesof the conflict between citizen environment right and enterprises emissions. Secondly,this paper analyzes the reason of the integration between the enterprise and thegovernment. Again, the paper analyzes the key position of government environmentalpower in the environmental group incidents. Finally, it through some specific systemdesigns seeking to solve the environmental group incidents.