Study On The Standardization And Function Of The Constitutional Ecological Environment Provisions

With the increasing environmental pollution,not only the realization of basic rights is affected,but also the survival and development of human beings are seriously threatened.In this context,countries around the world have stipulated the content of environmental protection in the Constitution.In the 1970 s,our country's constitution also stipulated the content of environmental protection.Later,with the development of the times,these contents have undergone two revisions.Especially in 2018,"ecological civilization" and other contents have become more epoch-making significance.Compared with general environmental laws,the Constitution has a fundamental position and role in environmental protection.This thesis attempts to comprehensively analyze the ecological environment clauses in our country's constitution,hoping to provide inspiration and reference for environmental protection at the constitutional level on the basis of fully understanding these terms.In addition to the introduction and conclusion,the full text is divided into three parts:The first part starts from the general theory of environmental protection,human rights protection and the Constitution.On the one hand,it explores the relationship between environmental protection and human rights protection,and believes that environmental protection is an important means of safeguarding human rights.On the other hand,it discusses the relationship between the constitution and environmental protection.It points out that environmental protection is the most important issue of a country and belongs to the scope of constitutional adjustment.The constitution stipulates that the content of environmental protection has important significance.The second part is a textual interpretation of the ecological environment clause of the Constitution of China.The first is to start from the historical context of the constitutional ecological environment clause,pointing out that the changes in the constitutional ecological environment clause are related to the transformation of China's development model.Secondly,it analyzes the normative attributes of the constitutional ecological environment clauses,and considers that the constitutional ecological environment clauses have policy normative attributes and principle normative attributes.Then it analyzes the types of constitutional ecological environment clauses,and believes that the constitutional ecological environment clause can be divided into two categories: the overall target clause and the institutional clause.Again,it is to explore the ethical basis of the constitutional ecological environment clause.From the comparison of ecocentrism,old anthropocentrism and modern anthropocentrism,it is found that the constitutional ecological environment clause is based on modern anthropocentrism.Finally,the focus is on the relationship between the constitutional ecological environment clause and the basic rights and constitutional economic terms.Among them,the constitutional ecological environment clause can be used as the constitutional basis for restricting basic rights and its own implicit environmental rights.The use of constitutional interpretation can expand the basic types of constitutional rights.The constitutional eco-environment clauses are in a coordinated and mutually reinforcing relationship with the constitutional economic provisions as a whole,but sometimes conflicts occur.When conflicts occur,priority coordination methods need to be applied for coordination.The third part deeply analyzes the functions of the constitutional eco-environment clause of China's constitution,and believes that it can play the legislative guiding function,policy guidance and evaluation function,interpretation basis function,constitutional review function and the definition of the obligation subject,thus achieving the constitutional level.Environmental protection.