The Constitutional Guarantee Of Citizen’s Environmental Right In China

Citizen’s environmental right is the product of social development，and has not beenconfirmed by the Constitution. Maintenance the Citizen’s environmental rights havelots of work to do. Some environmental right theory development in foreign countrieshave already been quite mature. many countries have write the environmental right inconstitution, and the international meeting document also defined the environmentalrights of citizens. China’s environmental right theory after decades of development, tothe point of maturity. However, whether China’s constitution or basic environmentallaw, environmental right is not confirmed, compulsory environmental protectionresponsibility and the citizens of the State Environmental management. There are someprovisions are only fuzzy principle, general,, no provisions of civil environmentalrights and the corresponding environmental right safeguard system specific. This textthinks: first, should ensure that citizen’s environmental right in constitution, therelevant provisions of the integration of environmental rights; secondly, to stipulate thespecific content of rights in the "environmental protection law", make the citizen’senvironmental rights are described in detail;Recommend the use of "amendment" the citizen’s environmental rights as one ofhuman rights into the constitution, the specific content and rules of environmental rightin the "environmental protection law" in the implementation, establish correspondingsafeguard mechanism in other laws regulations to regulate the environment right.Specific design is: in the "amendment" provides that "citizens of the people’s Republicof China have the living environment in the health, diversity and balance of rights, andhas the right to charge any possible violations of the right to request compensationfrom the behavior and damage; citizens have the duty Protect environment;environmental right the content and the exercise of the law; in the legal provisions ofthe conditions and constraints, making every citizen has the right to obtain andenvironment related information is controlled by the government and participate in thepublic policy environment; the state has the responsibility to establish and implementthe policy of environment protection, rational use of natural resources; environmentaleducation and training should be the implementation of the right to and obligationsprovided in this article." Secondly, in the "environmental protection law" to increaseenvironmental right specific rights, for example, clean water, sunshine right, right ofventilation, clean air right, environmental participation right, right to environmental information, environmental supervision, environmental right of compensation and soon specific rights. At the same time, the provisions of the environmental protection ofcitizen’s obligations, and the government’s powers and duties. Again, other departmentalso should make positive response to citizens’ environmental right safeguard, establisha supporting system, guarantee the realization of citizen environment right.