The Guarantee For Environmental Rights Of Citizens In Public Environmental Events

In recent years, the public environmental events occurred frequently, but the citizen’senvironmental right can’t get effective guarantee. In the case of huaihe river basin "cancervillage", this leads to the analysis of environmental right protection in thepublic environmental. Make a brief introduction on the appearance and development thecitizen’s environmental right, and to explore the theory of citizen’s environment right inAmerican, Japan and our country. Analysis from the definition of subject, object andcontent of the concept on citizen’s environmental right, and demonstrate it has the basic rightsattribute. By reviewing the practice of the status and problems on environmentalright protection in China, finds that: China’s legislation on environmental rights of citizens arenot perfect, including the Constitution has been contained, but not clearly defined, and therelevant laws are imperfect, there exists a blank; Inadequate public administration,environmental information not implemented, the right to participate in public environmentneeds further refinement, improvement, way of administrative enforcement approach remainsto be improved; There are difficulties in Judicial remedy environmental rights of our citizens,that imperfect environmental public interest litigation, prosecution body defines excessiveprosecute conditions are too harsh. To the environmental right safeguard in our countrySuggestions to consummate the legislation, strict law enforcement, justice judicialcountermeasures and Suggestions such as: Improvement of legislation, so that "according tothe law." The citizen environmental right as a basic right clears written into the Constitution;to improve the environment related laws and regulations. Open and transparent enforcement,public environmental information, perfect the system of public participation in publicenvironment, to achieve environmental citizens’ right to know and the right to participate fullyprotect the interests of citizens of the environment, improve the way of enforcement ofenvironmental administrative, so sound the laws has be strictly enforced, illegal. For judicialrelief is imperfect, improve the environmental public interest litigation, to strengthen thejudicial relief, expanding the scope of the environmental public interest litigation the plaintiffmain body, relaxing the environment public interest litigation prosecution conditions. Fromthe theoretical research to practice on the public environment in the event of citizen’senvironmental right, in order to make a contribution in guarantee civil environment right in our public environmental events. The civil environmental right safeguard in pubicenvironmental events needs attention from all walks of life and value, needs to citizens’environmental right protection consciousness and rights consciousness enhancement.Guarantee civil environmental right is a long-term and arduous process, only under theadvocacy of legal science, and citizens form all walks of life work together can get effectiveprotection of the environmental right of citizen in public environmental events.