Essay On Environmental Personality Right And Civil Remedy

The environmental personality right is a new type of personality right, it develops because of the development of personality right, individual environment right and environmental human right. For the complex environmental problems, just depending on the environmental protection act is not enough to completely fulfill the responsibility of protection the environment, people try to find a new way to environmental protection in civil law. Environment is very important for citizens, and living in appropriate environment should be a basic right. However, the existing laws only stipulate rights to citizens when their life or health damages, and it is not consistent to the principle" prevention first". When citizens’life or health right damages, it is usually irreversible. So there must be a new right, which can not only prevent environment infringement further encroaches on health right, but also give the guarantee that the citizens can live in an appropriate environment. This right is the environmental personality right. This paper starts with a case, which tells the difficulties when the environmental personality lacks. The establishment of environmental personality right is the need of protecting environment, as well as achieving the justice law. For this new right, this article discusses the specific content, and designs the civil remedy. Among them, the analysis of the necessity to establish the environmental personality right is the innovation, and civil remedy is the focus of the article.This paper is divided into four parts.The first part puts forward the environmental personality right. First of all, the paper starts with a case, which tells the difficulties when the environmental personality lacks. So it is very important to establish the environmental personality right. Secondly, the paper introduces the related concepts and characteristics of the environmental personality right.The second part analyses the theoretical basis and the necessity to establish the environmental personality right. In this part, the author made a detailed analysis for establishing the environmental personality right. The establishment of environmental personality right is the need of protecting environment, as well as achieving the justice law. So it is very important to citizen right.The third part is the specific content of the environmental personality right. This paper discussed the general provisions and the specific list in detail. The general provision is for new situations and new problems for the new life to ensure the certainty and stability of law. Then the paper enumerates sunshine right, clean water right, clean air right, right of ventilation, quiet right and natural landscape right.The forth part is about the civil remedy. In this part, the article designs the civil remedy for the environmental personality right, because "no relief, no right". First of all, the paper analyzes the infringement of the environmental personality right and the liability. Then, the paper compared the civil remedy in other counties, and made the choice for the environmental personality right to solve the problems of plaintiff qualification. Finally, the paper discussed the responsibility, and the standard of proof in litigation, as well as the content of the spirit benefit.