| Environmental rights have gradually been accepted by countries around the world.In order to transform environmental rights from due human rights to actual human rights,effectively solve the current environmental problems faced by China,and achieve the national responsibility of environmental protection and the era task of environmental governance,the Constitution should regulate citizens’ environmental rights.Therefore,this article focuses on the constitutional protection of China’s citizens’ environmental rights,with the constitutional protection of citizens’ environmental rights as the research object.It summarizes the beneficial experience and practical shortcomings of current environmental protection and ecological damage solutions,and references constitutional examples of environmental rights realization in various countries around the world.Taking the basic rights of citizens and national protection obligations as the approach,it puts forward relevant suggestions for the legal protection and constitutional relief of China’s citizens’ environmental rights.This article will discuss from five parts: The first part analyzes the main legal paths for ecological and environmental protection in China,which include traditional rights for greening,environmental public interest litigation,and other systems and political guarantees.It is believed that China’s environmental governance is not thorough enough,and citizens’ environmental rights may serve as a new perspective for ecological and environmental protection;The second part proves citizens’ environmental rights from the perspective of constitutional law,analyzes the constitutional environmental protection clause centered on Article 26 of the Constitution of China,and based on the binary relation between basic rights and state obligations,the normative status quo and normative methods of environmental rights in the world,believes that citizens’ environmental rights have begun to take constitutional status in China,and China now has the realistic foundation for environmental rights to be incorporated into the Constitution.The incorporation of environmental rights into the Constitution will help to fill the gaps in rights "greening" and legal interpretation,balance the relationship between citizens’ environmental rights and environmental obligations,and deepen international cooperation in environmental protection;The third part discusses the dual nature and protection methods of citizens’ environmental rights.According to the theory of dual nature of basic rights,the right to request environmental rights should be confirmed and protected,and an objective value order centered on citizens’ environmental rights should be established;The fourth part proposes suggestions for improving the constitutional approach of China’s citizens’ environmental rights and its connection with various departmental laws,exerting the role of constitutional commission,with environmental law as the leading force,and civil law,civil procedure law,administrative law,administrative litigation law and other departmental laws completing the specific protection tasks of citizens’ environmental rights;The fifth part is the constitutional relief of citizens’ environmental rights,which is based on the constitutional review in China’s current filing and review mechanism.It includes laws,administrative regulations,participating international treaties and party government joint publications related to ecological environment protection in the scope of review,conducts constitutional review in the name of the Standing Committee of the National People’s Congress,strengthens the logic of constitutional review,and refines the existing unconstitutional handling methods.Meanwhile,increase the provisions on unconstitutional liability for the main responsible persons,explore forms of unconstitutional liability that are in line with China’s national conditions,form a constitutional relief system for environmental rights,and strengthen the constitutional protection of citizens’ environmental rights. |
