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Study on Citizen’s Environment Responsibility and Its Legalization

Author: MengTian
Tutor: ChenDeMin
School: Chongqing University
Course: Environment and Resources Protection Law
Keywords: Citizen Environment Responsibility Legalization
CLC: D912.6
Type: Master's thesis
Year: 2011
Downloads: 154
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Abstract

As the“eight nuisance shock century event”happened in the 20th century and increasingly serious acid rain and global environmental problems such as ozone destroy appear, we have realized the importance of natural environment, and further realize the meaning of human environment community. In order to maintain the harmonious development between human and nature while meeting the growing material demand, we put forward the concept of sustainable development. The foundation of sustainable development is protecting the natural environment, and it is coordinated with the bearing capacity of resource environmental at the same time, which requires paying attention to protect the environment, including control environmental pollution, improving environmental quality, protecting the environment system and biodiversity, maintaining the integrity of the earth’s ecological etc. Sustainable development demands actively undertake the responsibility of protecting the environment at the time of society development. Environmental liability is not only the basic method to protect the environment, but also the basic requirement of sustainable development.Early in the year of 1972,“the human environment declaration”specified the human responsibility of protecting and improving the environment which is the basis of survival and development for contemporary and future generations. At the moment, the specific implementation effect of environmental responsibility is not good, global environment problems are getting serious. As the author’s view, the lack of systematic study of the environment responsibility is one important reason causing this phenomenon in addition to the objective reality conditions. The environment responsibility, which is the objective requirement of the human environment community, is responsibility for every member of the community, and its subject has widespread characteristics. As the most common component of social and the human environment community, Citizens’environmental responsibility and its specific implementations have simulative effect.We should firstly have a clear grasp about the background and theoretic foundation of citizen’s environment responsibility if we make a study about it. Fundamentally, the environment responsibility of citizens ,which is the component of citizens responsibility, is from the development of citizenship connotation, and it reflects requirements of human subjectivity and it shows the respect to natural environment’s value; Judging from the necessity of its existence and the feasibility of its implementation , the environmental liability of citizens is not only the objective requirement of the human and environmental community, but also has a main advantage compared with others’environment responsibility; Looking from the connotation, the citizens’environmental liabilities should comply with the basic principles——"prevention is the main part, which is combined with treatment " in the environmental protection and keep pace with the times. The environment responsibility is an afterwards responsibility as well as beforehand responsibility.The environment responsibility of citizen is one moral responsibility firstly, which is dominated by higher consciousness of environmental responsibility. But slowly improving process of responsibility consciousness cannot meet the demand of increasingly urgent environmental protection. Therefore, we put forward the legalization of citizen’s environment responsibility, namely the citizen’s environment legal responsibility. At present, most scholars usually define the environmental legal responsibility in narrow Angle. This definition has gradually revealed the imperfections in the environmental protection as environmental problem getting complexity. According to the author’s point of view, environmental legal responsibility is one more basic category compare with environmental law rights and environmental legal obligations. Consequently, environmental legal responsibility should be defined from generalized angle, which contains affirmative, compulsory make up the shortage of environment moral responsibility, also play a positive role in perfecting the institutions of environmental law. It is urgent to perfect the citizen’s environment legal liabilities, which needs the theoretical support of environmental legal rights and environmental legal obligations and needs the completion of perfect, this process needs not only environmental law rights, environmental legal obligations in theoretical support, have corresponding specific legal system to ensure realized. In addition, the perfection of citizen’s environment legal responsibility impels the development of the environmental law institutions, and this development is reflected not only in environmental law legislation idea, the purpose of legislation and the basic principle, but also in terms of specific legal responsibility systems.

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