Study On The Constitutionalization Of Environmental Rights

After the Second World War,the ecological environment destroyed by the war was gradually repaired,and the wave of industrialization was sweeping across the globe.With the evolution of industrialization,environmental problems have become increasingly prominent.In particular,the continuous emergence of public nuisance problems has slowly caused people to survive and develop the environment.Concern and thinking.After the "eight major public nuisances" incident that shocked the world,the interests of the victims and individuals have not been properly resolved for a long time.These problems have led scholars to think more deeply about human survival and development rights and to explore them more broadly.The emergence and development of its related theories has become an inevitable outcome of the era of public nuisance crisis.Economic globalization has greatly promoted the transfer of polluting industries from Western developed countries to developing countries.Environmental problems have also become viral and have spread to all parts of the world,posing a serious threat to the survival and development of local people.While countries and regions around the world are responding to and solving these emerging environmental problems,a large number of scholars are also conducting in-depth thinking and active and extensive international discussions on environmental rights and related issues.The issue of environmental rights has evolved from the era of public nuisance crisis to today becoming the central issue of the basic theory of environmental law.Since the convening of the Stockholm Human Environment Conference,countries have gradually put the theory of environmental rights into legislative practice,and more countries have directly incorporated environmental rights into the constitution to protect them.With the deepening,refinement and improvement of environmental rights and its theory of constitutionalism,it is believed that more and more countries will protect environmental rights in their own constitutions in the future.Environmental rights and related theories are imported from China.Since the beginning of the 1980 s,Chinese scholars have studied the environmental rights,and environmental rights and related theoretical research have also developed for nearly 40 years.Environmental rights related research ushered in a wave of climax in the 1990 s,and a group of influential scholars and books were born.Subsequently,developing countrieshave successively incorporated environmental rights into the Constitution to protect them,accumulated some useful experiences and received some good public repercussions.This has had a positive impact on Chinese scholars,and scholars have called for the right to environmental rights.Increasingly rising.Before the revision of the Constitution in 2004 and 2018,some scholars proposed to incorporate environmental rights into the constitution to protect them.However,until the constitutional amendments officially announced the environmental rights,they were not successfully incorporated into the constitution.To a certain extent,this shows that our research on the constitutional right of the environment is not mature enough,and the environmental rights must be further studied in the constitution.Although the right to the environment has not been successfully entered into the Constitution,the urgency of the entry of environmental rights into the Constitution cannot be ignored.The ecological and environmental problems facing China are still serious,although the people's awareness of environmental rights has been raised in the process of coping with and solving environmental problems,but the contradiction between economic development and environmental pollution is still very prominent,and the rights of citizens to survival and development still do not get effective relief and protection.The concept of ecological civilization put forward by the 18 major of the party plays a great role in promoting the theoretical research on environmental rights and their entry into the Constitution.In the 2018,ecological civilization was incorporated into the preface of constitutional rights,which cleared some theoretical and operational obstacles to the incorporation of the right to the environment.The entry of environmental rights into the Constitution can not only play an irreplaceable role in the process of environmental rule of law and the construction of ecological civilization in China,but also show extraordinary value in the process of promoting the value concept of "Community of Human destiny" in China in the course of the "One Belt,One Road" construction and promotion.A right that has not been constitutionally recognized and established is difficult to implement in reality,and the inclusion of environmental rights in the Constitution is the best embodiment of the guarantee of fundamental rights.The research of relevant scholars has shown that the environmental right has been established as a constitutional right by the "Belt and Road" and even many countries in the world,and the environmental right of our country has not yet been gazetted,which indicates to a certain extent that the constitution of our country lags behind in the protection of the basic rights of citizens.To protect the environmental right in the fundamental rights of our Constitution is to show that China's environmental law can keep pace with the times,is the most powerful time response of the state to theconstruction of environmental protection and environmental rule of law,and also conforms to the historical trend of the era of environmental law.Starting with the situation of environmental problems in China and the lack of environmental rights in our Constitution,combined with the basic knowledge of constitutional science,environmental law,administrative law,statistics and other subjects,this paper studies the constitutional problem of environmental rights in China by means of literature research,systematic analysis,empirical research and comparative research.On the premise of introducing the basic concept of environmental rights into the Constitution,the incorporation of environmental rights and the development of related theories,this paper analyzes the lack of constitutional protection and the problems existing in the relief and protection of environmental rights caused by our country's environmental right.On the basis of the foregoing,combined with the actual situation of environmental rights at home and abroad,this paper systematically analyzes and demonstrates the necessity and feasibility of incorporating the environmental rights of our country into the Constitution protection.Finally,combining the practice of foreign environmental rights into the Constitution and the provisions of the constitutional right to the environment in typical countries,this paper compares and analyzes the advantages and disadvantages of various types of constitutional rules and the provisions of the Constitution on environmental rights.On the basis of constitutional principles and past practice,combined with the two common ways of Constitutional Amendment and constitutional interpretation,this paper chooses the way that the environmental right of our country is brought into the Constitution,that is,the method of constitutional amendment,so as to realize the constitutional establishment of our country's environmental right,and expounds the concrete operation of entering the Constitution.It is hoped that these studies can play a certain role in promoting the Constitution of China's environmental rights,and can provide some reference for later researchers.