A Study On The Introduction Of Ecological Civilization Into The Constitution

The adoption of the Amendment to the Constitution of the People's Republic of China(hereinafter referred to as the Amendment to the Constitution)at the first session of the 13 th National people's Congress in 2018 is another major adjustment made by the CPC Central Committee to keep pace with the times after 14 years.One of the highlights is to add "ecological civilization" to the preface of the Constitution and adjust the overall layout of socialist construction with Chinese characteristics.Ecological civilization is placed in parallel with material civilization,political civilization,spiritual civilization and social civilization.Moreover,in Article 89 of Chapter III of the Constitution,the content of "ecological civilization construction" is added to the functions and powers of the State Council.The significance of the incorporation of ecological civilization into the constitution is far-reaching,which fully reflects the importance attached to the construction of ecological civilization at the national level and the determination to improve the current not-so-optimistic ecological environment.This paper is divided into four parts to carry out the research,mainly using the methods of literature analysis,comparative analysis and other methods.The first part of the article is the basic theory of ecological civilization into the constitution.Ecological civilization is a form of civilization that pursues the harmony between man and nature and the coordination of social development and environmental protection when the material level of human beings reaches a certain level.The incorporation of ecological civilization into the constitution is of great significance,which not only strengthens the national responsibility for environmental protection,but also embodies the concept of protecting human rights to a certain extent,and lays the tone and points out the direction for the rule of law of the ecological environment.However,the incorporation of ecological civilization into theconstitution is still a basic national policy clause in essence?On the other hand,the constitutionalization of environmental rights is a brand-new way of environmental protection,starting from the protection of individual rights,in order to safeguard common environmental interests.The second part introduces the provisions of ecological civilization in the Constitution of foreign countries and the effective measures to improve the ecological environment.The federal constitution of the United States does not provide for environmental rights,but in some state constitutions,it is clear that environmental rights are regarded as a human right,and the special feature of American environmental policy is to protect citizens' right to participate.Japan recognizes environmental rights through constitutional interpretation and forms a circular economy development model through the formulation of laws to promote environmental protection and effective use of resources.France defines environmental rights through the Environmental Charter,which shows its determination to promote environmental protection.India has unique characteristics in the development of environmental public interest litigation,which does not limit the qualifications of plaintiffs,flexible litigation methods and remarkable results.The third part introduces the problems faced after the ecological civilization is incorporated into the constitution.The environmental right is not included in the constitution,which is disadvantageous to the protection of civil rights and the mobilization of citizens' enthusiasm.In the aspect of legislation,there is still anthropocentrism and lack of ecological basic law.Local protectionism still exists in law enforcement,law enforcement means are outdated,law enforcement supervision is not strict,and the effect of law enforcement is difficult to guarantee.In the judicial aspect,there are some problems,such as the lack of professional judges,the high threshold of public interest litigation cases and the low rate of closing cases.In the aspect of abiding by the law,not only the general public's ecological consciousness is weak,the law enforcement personnel's legal consciousness is not strong,coupled with the lack of ecological education,the whole society's sense ofparticipation in ecological construction is not strong.The fourth part puts forward constructive suggestions on the problem.Environmental rights should be incorporated into the Constitution in time and take the form of constitutional amendments.In the aspect of ecological legislation,we should update the concept of legislation,implement the principle of coordination between economic development and environmental protection,formulate the ecological basic law as soon as possible,straighten out the relationship between various laws,and pay attention to improving the quality of local legislation.We will implement the vertical leadership system of environmental departments in law enforcement,severely crack down on illegal activities by relying on advanced means such as big data and the social credit system,strengthen supervision over law enforcement,and improve the quality of law enforcement.In the aspect of ecological justice,we should improve the environmental resources court,timely promote the establishment of environmental resources court,improve the quality of judges,promote the centralized and centralized trial of environmental cases,lower the threshold of public interest litigation,and improve public interest litigation.In the aspect of abiding by the ecological law,we should strengthen the rule of law and moral propaganda of ecological civilization,improve the literacy of the public and law enforcement personnel,and establish an ecological education system as soon as possible.