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Jurisprudence Analysis of Environmental Right in Legislation

Author: LiKeFeng
Tutor: XuYongKang
School: East China University of Political Science
Course: Legal Theory
Keywords: Environmental Rights Constitutional rights Advance preventive Afterwards relief
CLC: D922.68
Type: Master's thesis
Year: 2008
Downloads: 186
Quote: 0
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Abstract


2007, China's environmental crisis emergent multiple. One of the important reasons for the frequent occurrence of environmental problems is the environmental protection legislation system is not perfect, a lot of the terms with an obvious imprint of the planned economy, social development lags behind the dead \Environmental rights theory is the basic theory of the environmental protection legislation. Depth study of the issues related to environmental rights, have important practical value for improving the system and improve the state of the environment of China's environmental protection legislation. The paper is divided into five parts, the introductory part of a brief introduction to China's environmental rights of the status quo on the realistic value of the environmental rights. In the 1960s, the legal circles began to reflect on and review the environmental crisis, and put forward the concept of \At present, the environmental rights as a new type of rights, has been recognized by the international community. The first chapter defined the concept of the environment, on the basis of the analysis of environmental rights, the main object and the contents of Zhang Liwei degrees and logic associated with, the definition of the concept of environmental rights. The environment should be specific to the subject of the right of natural persons, and their offspring, and does not cover the country, legal persons or other organizations, natural body and all mankind. Environmental object of the right material, behavioral, spiritual wealth and personal. Environmental rights, including the environment use rights, the environment, the right to know, the environment, the right to participate and environmental claims. Environmental rights are natural persons including future generations talent, the right to live in a healthy environment as well as the maintenance of a healthy environment and derive informed and involved in the decision-making rights and relief requests. The second chapter analyzes the environmental rights and development foundation in reality and legal basis. The deterioration of the environment, the ecological crisis and the consequent citizens, national governments and international organizations to participate in the environmental protection movement is the reality of the environment right. The legal basis for environmental rights include the public trust doctrine, intergenerational equity theory, the theory of sustainable development and human rights theory in four areas. The third chapter outlines foreign legislative mode, and then compared with the status quo of China's legislative, come to our current legislative defects mainly in inaccurate positioning of the rights of rank not clear positioning of the main obligations and imperfect Legislative architecture conclusion . Based on the above analysis, the final chapter aims to put forward legislative proposals to improve the legal system of China's environmental rights. Constitutional environmental rights established in the demonstration on the basis of the necessity and feasibility of proposed environmental rights into the constitution, legislative advocate. Followed by protection of the realization of the constitutional environmental rights, proposed a four-point specific legal system support: from expanding the scope of the evaluation of the environmental impact and increase the cost of illegal, improve the environmental impact assessment system; proposed environmental right to know The main obligations should be all the administrative organs of the master of environmental information, using reverse cited the right to know the boundaries of the general increase clarity environment;, through the realization of the right to participate in program design civic environment and strengthen the main responsibility to implement obligations of the right to participate in civic environment increase the right to participate in decision-making efforts; environmental rights have been violated and the relief of the subject of rights should be diversified, in addition to public relief should also construct social relief and private relief system, to improve the all-round protection of environmental rights .

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