A Research On The Dilemma And Governance Of Citizen’s Collective Action In Safe-guarding Environmental Legal Right

Since China’s reform and opening up, China has made remarkable achievements in socialist construction, but due to the development of the past in vulgar did not deal with the relationship between environmental protection and economic development, the pattern of economic development at the expense of the environment, has led to serious ecological destruction, environmental pollution and damage to public health and other issues. With the awakening of civic consciousness, and the public’s awareness of environmental protection and environmental consciousness enhancement, the people more and more attention to the harm of environmental pollution.From the reality, people no matter in the face of potential risk of environmental pollution, or the existing pollution of the environment infringement, have from silence to struggle, by quietly endure to fight efforts to safeguard the legitimate rights and interests of their own. But because our country current relevant system is not sound, and not for public participation in environmental activist provide better path and method, makes the public participation in environmental activist will encounter many difficulties in the process, most of the citizens’ environmental rights event finally become a mass incidents, the shift of the effectiveness of public participation in environmental activist, and caused great influence the effectiveness of the environmental protection. Therefore, it is necessary for the public environmental rights protection study of practical problems encountered, explore the plight of human rights, so as to find the specific path to solve this problem.The first part of the article is in reference on the basis of the theory of relevant academic research results, put forward the definition of environmental rights. And in different types of environmental rights, this article selects remedial afterwards and preventive beforehand carries out comparative analysis of two types of civil environmental rights events as the logical starting point of research.The second part of the article describe the dynamic factors influencing the public environmental rights, from two aspects of internal and external concrete analysis of public environmental activism originates.Citizens’ environmental consciousness and environmental consciousness, raise their own interests, citizens of the lower costs for protection of rights of rational calculation and dissatisfaction with the government and enterprise alliance, constitute the internal impetus to citizen participation in environmental activist. Under the action of traction, push, civil environment rights can produce.The third part of the article mainly studies the public environmental rights from initiate to terminate the process of action, and the troubles of civil environmental rights.In this paper, the study found that in hindsight remedial and preventive in the two different types of environmental rights, the citizens have a common will "make big" logic. This logic causing most citizens’ environmental rights event is in principle in law, but eventually appears beyond legal boundary evolved into mass incidents. The fourth part of the article mainly analyzes the reason of civil environment rights why become a mass incidents.Through the analysis found that citizen’s environmental rights channel is not smooth, and "individualized" partly due to the influence of psychological effect, make the civil environmental rights in our country collective action shows the characteristics of " non-rationality ", and more easily evolved into mass incidents.The last part of the article analysis of citizen’s environmental rights and the power, logic of collective action, and the reason, on the basis of put forward the specific countermeasures, namely in order to solve the dilemma of civil environment rights of collective action, you need to the guideline of collective identity and benefit sharing mechanism, build perfect and effective public participation system, as well as enriching the approaches of environmental rights, broaden the scope of public participation in the way and, make it specific, institutionalization and legalization.In addition, must also need to improve the government’s ability to solve the crisis, only do the government attaches great importance to the bear, citizen participation, enterprises can solve environmental problems.