| Since the promulgation and implementation of the first National Human Rights Action Plan in2009,China has officially put forward the concept of "environmental rights" at the national level and protected environmental rights as human rights through policy promotion.Later,with the establishment of the socialist legal system with Chinese characteristics,China has basically formed a legal protection mechanism for environmental rights with the Constitution as the main force,civil law,criminal law,environmental protection law and other laws as substantive laws,and civil procedure law and administrative procedure law as procedural laws.So far,China has formed a relatively comprehensive protection of environmental rights from the three dimensions of legislation,law enforcement and judicature,which is of great significance to promote the construction of a beautiful China.But at the same time,some problems have been exposed in the process of promoting environmental right protection in China,and it is necessary to pay attention to and solve them.This paper expounds the right attribute and concept of environmental right,and probes into the human rights attribute of environmental right from the perspective of Marxist ecological view.From the three dimensions of legislation,law enforcement and judicature,this paper analyzes the current situation of China’s environmental rights protection mechanism,and finds that there are mainly problems in China’s environmental rights protection mechanism at present,such as insufficient legislation of environmental rights protection,lax environmental law enforcement,and imperfect environmental public interest litigation.Through the analysis of the above problems,the author thinks that we should perfect the legislation of environmental rights,promote environmental law enforcement,optimize the system of environmental public interest litigation,strengthen the effective connection between the department laws of environmental rights protection and so on. |
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