Legal Analysis Of Citizen Environment Right Into The Constitution

Under the background of economic globalization,because of the one-sided pursuit of rapideconomic development,resulting in the survival of the environment suffered serious pollution and destruction.At the same time,people's material life has been improved,but the pursuit of a better life,more attention to their rights.In this context,a new type of right,that is,the citizen's environmental rights.Citizen's environmental right has become the focus and hot spot of the world.It has been widely recognized by the international community,and now it has been protected as a basic right of citizens.At present,some achievements have been made in the field of academic discussion on the environmental rights of citizens.However,if the citizen's environmental right is included in the constitution,scholars hold different opinions,and no consensus has been reached.Therefore,it is necessary to discuss it further,which is not only of great theoretical significance,but also of great practical significance.Therefore,this article mainly from the theoretical basis and value orientation for the citizens to write to the constitution of the right to the environment to provide some theoretical basis,can play a role in casting a brick.In this paper,the author analyzes the legal analysis of the citizen's environmental right into the constitution.The full text is divided into five parts.The first part:introduction.This section contains three aspects.One is the research purpose and meaning;Secondly,the research status at home and abroad;The three research methods,research ideas and innovations.The second part:the overview of civil environment right.This section contains three aspects of content.One is the background of environmental right.From the historical background and realistic background introduction;Secondly,analysis of citizen environment right definition.First of all,this paper introduces the concept of citizen environment right,from Chinese scholars about the environment right concept of different points of view,to sumup it is concluded that the concept of citizen environment right,about the narrow sense of citizen environment right here.Secondly,this paper introduces the properties of civil environment right,it is has the dual nature of public rights and private rights of the new type of rights.Finally,this paper introduces the main content of citizen environment right;Three is about the constitutional level of citizen environment right,namely stipulated in the constitution and form of citizens' basic rights of environment right,and tells the story of the constitution al level of the meaning of citizen environment right.The third part:the theoretical support and necessity of citizen's environmental right.The theoretical support of citizen's environmental right into the constitution includes two aspects.First,the theoretical basis about the citizen's environmental right into the Constitution:two kinds of philosophy advocated by the theory of hum an rights that all men are created equal and natural rights,they can be incorporated into the Constitution provides as one of the basic human rights or rights theory support for the citizen's environmental right;contract theory to straighten out the legal relationship between citizens the environmental right of citizens and the state or government of the two,can correctly handle both between the environmental right provides a theoretical support for the theory of justice;substance in the environment is the environ mental justice,it contains within generation justice and intergenerational justice,and environm ental right of citizens is in accord with justice,the environment for citizens right in the Constitution provides a theoretical basis for the theory of sustainable development;focus on the harmony between man and nature,the concept of sustainable development,is to achieve economic and environmental The harmonious development of the environmental rights of citizens in the Constitution provides a theoretical and ideological guidance.The second part introduces the value orientation of citizen's environmental right into the constitution.The value of citizen's environmental rights is the pursuit of fairness and efficiency of the value of the balance and the pursuit of freedom and order of the unity of value,which also provides a justification for the citizen's environmental rights into the constitution.It also analyzes the necessity of the citizen's environmental right into the Constitution:first,the requirement of the worsening environment of our country;two is the realization of the citizen's right to appeal;the other is the requirement of the constitutional purpose.The fourth part:the feasibility analysis of citizen's environmental right into the constitution.There are three aspects in this part.First of all,it introduces the prom otion of international conventions;secondly,it introduces the laws and regulations of environmental rights in china.Through these three aspects to illustrate the citizen's environmental right into the constitution is feasible.The fifth part:the system design of citizen's environmental right.There are two aspects in this part.First of all,three kinds of design methods introduced foreign citizen's environmental rights into the constitution,through the comparison of our country is more suitable for the third kinds of de sign methods that take the form of the citizen's environmental rights and obligations and national environmental obligations combination.Secondly,it describes the constitution of the citizen's environmental right in china.In addition to the citizen environment right prescribed in the constitution in our country,also need to be explained by the constitution and the perfection of related supporting system be guaranteed.