Study On The Constitutionality Of Environmental Rights In China

As a new constitutional right,environmental right is an inevitable consequence of environmental degradation.After the second world war,western industry rose rapidly,but environmental problems and public hazards followed one after another,which seriously threatened the survival,life and development of human beings,and then made the issue of environmental rights into the academic field of vision.So far,many scholars in the field of law have carried out in-depth research on environmental rights from different angles,so that the study of environmental rights in the Constitution has set off a wave of the world.The important purpose of studying environmental rights in China is to solve the still severe ecological damage and environmental problems.This article starts from the situation of our country's environmental problem is still grim and from the fact that our country's constitution does not stipulate the environmental right,using the literature research method,the historical analysis method,the system analysis method,the comparative analysis method,carries on the research to our country's environmental right enters the constitution question.The historical analysis method presents a clear context for the generation and development of environmental rights.From many angles to the environmental rights into the constitution of a systematic analysis and argumentation.Using comparative analysis to analyze and study the foreign environmental rights into the constitution in order to understand the protection of foreign environmental rights and the system design of the constitution,and draw lessons from their useful experience combined with the actual situation of our country,The author advocates placing the environmental rights clause in the current Constitution of our country," the basic rights and obligationsof citizens " Article 46: citizens have the right to live in a suitable and ecologically sound environment,and have the obligation to protect the environment.The incorporation of environmental rights into the Constitution of our country not only plays a fundamental role in the rule of law and the construction of ecological civilization,but also plays a specific role in the implementation and implementation of the concept of green development,which is conducive to better handling the relationship between economic and social development and environmental protection.At the same time,the constitution of environmental rights will further expand the basic rights of citizens,can fundamentally protect the rights of citizens.