On The Legal Construction Of Environmental Rights In China

Environmental right is a basic human right, is an inevitable result of the development of human civilization. However, in the reality of judicial practice, a lot of, the environmental right on the grounds of the procedure were negative, which is particularly evident in the environmental rights in the constitution of the current about citizenship but in the application of the judicial referee too is a simple explanation for the provisions of a procedural, or directly to the provisions of these the principle can not be used as the basis of judge rejected the prosecution. Most judges think, environmental right is only one for the access to environmental benefits, is a natural right to the people on the natural control ability as the foundation, is not related to the legal protection of the environmental right; and judges that involved human controlled environment is not beyond one's strength one's power, is human, so any so-called environmental right is only a false concept, some judges think that environment is not the existence of subject, environment is the humanity public owned, rather than any individual can become the subject of rights, and this lawsuit is not established based on the. The core of these concepts is not very good understanding of environmental right, but it is not just in the judicial level, even in the frontier of academic, many scholars about environmental rights concept is also unable to agree on which is right, whether that it belongs to the right of personality, or think it should belong to the property right, even more scholars another way for the re creation of a type of rights.Therefore, the core attribute of environmental right differences will inevitably have a significant impact on the reality of judicial practice. So, what should the environmental right is a kind of what kind of rights, which depends not only on the legal point of view on it, is derived from its inherent attribute, is the essence of environmental problems. However, the environmental problems are not only environmental results its evolution, including the impact of humanity in its generation is also to blame, it should express the human industrial civilization in the future on the natural transformation process. However, this is from the realistic behavior perspective, if we further explore the more decisive, is man's attitude to nature on. About the environment concept, scholars will be divided into anthropocentrism and non anthropocentrism two kinds, the former refers to human beings from their own perspective to understand and transform the world, the environment as a kind of improving their own interests of the tools, and the latter is exactly the opposite, they believe that the human, the human is part the natural environment, it is not enough to call it the master, nor does it have a natural. Discussion about environmental right this ethical concept seemingly metaphysical influence, but in practice can have a world of difference. Can only be based on a correct attitude toward the relationship between man and nature on the design of a set of effective environmental legal system, it is particularly important to this point in the fast industrialization in china.Unfortunately, at present our country is not a separate set of environmental legal system, and even the concept of law is the most basic of environmental right can not form. In this regard, although we can not rush to accomplish at one stroke, but at least you should make corresponding confirmation in a principled level, confirm that in the constitution has to be a fundamental property of, also only in this way, can the right environment gradually improved point the day and await for it.