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Theoretically Investigating Civil Environmental Rights, Guaranteed by the Constitution

Author: XuMingCan
Tutor: XuYuanXian
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: CIVIL ENVIRONMENT RIGHT CONSTITUTION CONSTITUTION PROTECT CIVIL BASIC RIGHTS
CLC: D922.68
Type: Master's thesis
Year: 2009
Downloads: 117
Quote: 1
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Abstract


With the development of society and economy, global environmental pollution becomes an increasingly serious problem. Environmental rights have become common problems that have been emphasized by many countries as basic to the citizens protected rights. Therefore, theoretically investigating civil environmental rights, guaranteed by the constitution, becomes of significant importance.In today’s world, civil environmental rights are a very serious issue in their constitution confirming on civil environment right. Article 26 in our constitution stipulates the "The state protects and improves the living environment in which people live and the ecological environment, prevent pollution and other public hazards." This principle does not suit reality exactly. Only from the angle of national responsibility, does this put forward the protection of life, ecological environment, and pollution prevention. There is no stipulation of civil environmental rights. The "Basic Civil Rights and Obligations" chapter also lacks a guarantee.This dissertation, besides preface, is divided into five chapters.Chapter one, Overview of civil environmental right. Presents the main properties of civil environment right with the corresponding contents. This is to discuss the foundation of this dissertation.Chapter two, Main analysis of civil environment right and the rights prescribed by law. This is the law and the right base to the dissertation.The third chapter provides civil environmental rights’ protection status and defects on literature methods and calligraphy to give the fourth chapter empirical support of the significance and the necessity of the constitution to protect and provide civil environment right.The fifth chapter, the innovation of this dissertation, is the bold proposition on protecting our constitution, mainly by foreign countries’ practical experience and China’s actual realistic situation. In my opinion, a method by confirming to the right of civilization, through the amendments to the constitution is more reasonable. With the specific content, it should also contain the right to be noticed, participate, and request as well as the right to get sunlight, wind passing, clean water, fresh air, view scenery, view into the distance from a high, view the legacy of history, no noise pollution and so on.The contents mentioned above are all my personal humble opinion. I’m looking forward to the kindly advice from each of my dearest teacher.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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