The Doubt And Reflection Of Constitutionalize "Environmental Rights Of Citizens"

With the increasingly severe environmental situation and China's advocacy of ecological civilization construction,the "Environmental rights of citizens" has been reintroduced by scholars and incorporated into the constitution.As a controversial concept,"Environmental rights of citizens" has always existed in the academic world,the fuzziness and universality of its subject,object and content make scholars doubt its rationality,the reasons for its entry into the constitution are equally unconvincing,including views on human rights,public trust theory and sustainable development.There are also questions about the effectiveness of "Environmental rights of citizens",the spirit of intergenerational equity should not be incorporated into constitutional rights,the "Environmental rights of citizens" in the constitution does not have a positive effect on the environmental problem,they can't even help.About the legal standard standpoint of environmental protection,environmental protection should depend on the self-suppression and distribution of human behavior,in the understanding of environmental rights,we should insist on the obligation,by stressing the obligation to the environment and Establish obligatory norms,to achieve better protection and improvement of the environment.At the same time,the"Environmental rights of citizens" is reorganized on the basis of human rights perspective,the analysis of "Environmental rights of citizens" from the development and nature of human rights cannot be a basic human right,and based on the relationship between basic human rights and constitutional rights,the reason why "Environmental rights of citizens" as the basic human rights is constitutional is not valid."Environmental rights of citizens" does not accord with constitutional right constitution and nature,and this right is the embodiment of constitutional right protection generalization,it is not conducive to the long-term stability of the constitution and the establishment of constitutional authority,the constitution is not a constitutional amendment,It directly affects the adjustment of national power and the establishment of constitutional authority.And the "Environmental rights of citizens" into the constitution to carry on the assumption analysis,Its entry into the constitution will cause damage to the constitutional authority,there is no remedy at the legal level,the constitutions of constitutional rights are embodied in the virtual and non-constitutional core values.