Reseach On S.Korea Environmental Rights

Late last century,South Korea is facing serious environmental problems,South Korean academic circles and judicial circles have gradually realized the previous way to prevent countermeasures as the center of the pollution has been difficult to effectively solve the environmental problems in South Korea,began to explore the fundamental way to solve the environmental problems of the new.In the process of this change,the Korean scholars and judicial practitioners gradually realized that environmental rights should not only be written into the constitution,but should also formulate a series of environmental laws and regulations under the guidance of the relevant provisions of the constitution.Thus,in 1980,South Korea in its "constitution" thirty-fifth articles for the first time expressly provided for the environmental rights,and in this article formulated a series of environmental laws and regulations.However,at the same time,the thirty-fifth constitution of the Republic of Korea sets out the specific content and the exercise of the environmental right at the same time as stipulated in the thirty-fifth constitution of the Republic of korea.Because of this,many theore tical and practical problems arise.In the past thirty years after the Korean environmental right has been put into the constitution,the Korean academic circles have been debating the concept,legal nature,legal effect and content of the environmental right.At the same time,in the judicial practice of Korean environmental right,environmental right on whether private opinions,environmental right boundaries and scope,the temporary use of people can become the main body of the right to environment,the social environment can become the object of environmental rights,the limits of tolerance on issues such as South Korea each court awareness is not uniform.To sum up,South Korea's environmental rights have both its progress and its disadvantages.The improvement is that,after the Kore an environmental right has been written into the constitution,a series of environmental legal systems have been established,and the Korean people have basically enjoyed the environmental rights protected by the Constitution and laws.The deficiency lies in the fact that the specific scope and limits of environmental rights in South Korea are still not clear,and the legislation of environmental rights is still lacking,which has caused difficulties in theory and practice.Therefore,based on the study of the theory and practice of environmental rights in South Korea,this paper draws the experience and shortcomings of environmental rights in Korea,so as to provide theoretical experience for the establishment of environmental rights in china.This paper is divided into five parts.The first part is the introduction,which mainly introduces the research purpose,significance,research status,research contents and methods of choosing this topic.The second part is the theory and practice of environmental rights in korea.In theory,it mainly involves the general understanding of environmental rights,the nature and effectiveness of environmental rights,and the content of environmental rights.South Korean scholars generally understanding of environmental rights,some Korean scholars believe that environmental right is a suitable environment for human survival rights of the South Korean scholars believe that environmental rights is not only pollution and dirty environment to eliminate the negative nature of the right to request the state actively include clean environment preservation rights.In the light of the nature of environmental rights,the Korean academic circles have four theories:freedom,basic rights,survival,basic rights,social basic rights,and comprehensive basic rights.As for the effectiveness of environmental rights,there are four theories in Korean academic circles,namely,the doctrine of abstract policy,the theory of rights,the theory of specific rights and the theory of dual rights.In terms of the content of environmental rights,the Korean scholars believe that the content of environmental rights mainly includes the subject,object,environmental pollution,exclusion of claims and living environment,resulting in the right of claim.The practice of primary school students mainly involves the sunshine right case,Qing Nan District sunshine right case,an ostrich farm by helicopter noise infringement cases and Busan University cases,spa development case,Wen Shan Industrial Zone case six cases,based on the six cases briefly summarized based on the environmental right is private the claim,the environmental right boundaries and scope,the temporary use of people can become the main body of the right to environment,the social environment can become the object of environmental rights,the limits of tolerance five problems.The third part is a reflection on the theory of environmental rights in korea.Korean scholars discussed not on the environmental right structure,so this paper carefully introduced the right structure analysis of Ho Field concluded that the Korea environmental rights are a social right,it does not have the private property.The fourth part is the environmental rights of South Korea' s Enlightenment to china.It mainly includes two aspects,one is the environmental right into the constitution,the other is the construction of other legal system two.The fifth part is the conclusion.This part is a summary and summary of the full text.