The Protection of Citizens' Environmental Rights-essay代写

留学生essay代写精选范文：“The Protection of Citizens' Environmental Rights”，这篇论文讨论了公民环境权的保护。在世界飞速发展的同时，环境问题也越来越受到人们的关注了。为了防止环境恶化，世界各国也制定了相关法律去保护环境。而环境权作为公民的权利，保障着大家的环境权益，在控制环境方面也起着非常大的作用。环境权是对生存权的保障，代表的是人类的根本需求，理应受到法律的保护。

21st century, environmental issues have become one of the most important issue affecting human health, restrict social development. Countries around the world have introduced laws related to the environment to build the rule of law, in order to reduce environmental problems. Environmental right as a fundamental right of a citizen, plays an important role in the protection of civil rights and interests of the environment, control of environmental issues. On the legal protection of environmental rights, administrative law protection compared to traditional civil, criminal law protection, it has a unique advantage. And according to the legal construction of the existing environment, combined with the prospect of China's development of the administrative law, administrative law for the protection of the environment can be seen right on feasible reality. But right environment for our research time is short, there is inadequate in many respects, to carry out administrative law protecting environmental rights should be further improved.

Environmental rights as the main content of the legal relationship between the environment, the environmental law relationship of great significance. Compared with the traditional administrative law to protect people, to protect criminal law, it has a unique advantage. And according to the legal construction of the existing environment, combined with the prospect of China's development of the administrative law, administrative law for the protection of the environment can be seen right on feasible reality. But right environment for our research time is short, there is inadequate in many respects, to carry out administrative law protecting environmental rights should be further improved.

First, the environmental rights of citizens will be confirmed on the executive and legislative

At present, China has not explicitly included in the executive and legislative environmental rights, but merely provides for citizen environmental ⒂ dishes ㄓ situation right tibia and environmental appeal. Only environmental rights be established in legislation, environmental tort occurs when citizens in order to protect their environmental rights in accordance with the law. Monitor the implementation of laws run according to the law.

Second, the environmental protection of the right legal basis of the study of the theory of environmental right time is short, the rights status of environmental rights are not clearly defined in the Constitution. The State shall protect and improve the living environment and ecological environment, prevent pollution and other public hazards, it is obvious that the country attaches great importance to deal with environmental issues. Although whether the environment can be used as a basic human right on jurisprudence, our jurisprudence yet controversial. But in my opinion, the main features of the environment have the right to their own basic rights, legal status should enjoy priority protection.

First of all, the right to have the environment ought. In accordance with the theory of fundamental rights, fundamental rights belong to all natural rights, natural rights, or say, that ought not be deprived of the rights of people born with. Environmental rights is the case, it is there because the law does not exist, and the man born enjoyed. No person is good or bad for their personality more than they lose or environmental rights.

Secondly, environmental rights are universal, the subject of rights environmental rights of all citizens, any person regardless of nationality, age, gender, enjoy the right to live in a healthy and comfortable environment. The object of environmental rights of environmental rights and interests is the common interests of mankind on the environment. Universality and commonality of interests subject, reflects the rights of citizens environmental rights is a universal, consistent with the basic characteristics of basic human rights.

Finally, environmental rights irreplaceable. The survival of the human environment now, only the Earth, this limited living space for humankind is the only option, it cannot be replaced. So overall environment on Earth is the only choice in terms of human life on Earth. Destruction of the ecological environment means that the basis of human survival is gradually lost. Therefore, from this kind of sense, environmental protection of the right to life is right, represents the most fundamental of human needs. To sum up, the environment is vested fundamental rights in the nature of rights should be protected by law.

Third, the limitations of criminal, civil protection and the protection of the right to a new life, will seek legal protection and effective way. As for the legal protection of a right is not necessarily just a legal department alone, we will cooperate with each other to have more legal department. In the process of protection of environmental law, civil law, criminal law and administrative law and other legal departments have played an indispensable role. However, if these legal department the role and extent of environmental protection on the right point of view, administrative law undoubtedly superior to the Basic Law, also has the status of civil and criminal law, this advantage is determined by the nature of administrative law.

From the perspective of protecting the environmental rights of civil law point of view, on the one hand, civil law adjustment is limited to personal relations and property relations between equal entities, and for infringement of environmental rights body, the body includes not only civil and other factories and enterprises, also includes administrative body, especially environmental administrative departments including the executive branch. Due to its administrative omission caused serious environmental pollution incidents are common in real life, violation of environmental rights of citizens to a great extent, the responsibility of the government to pursue this case is powerless. On the other hand, was not an objective on the environment, do not have personal attachment, cannot become the object of a civil right in. While civil law is a private law, can not effectively regulate the environment have the right to social welfare characteristics.

From the perspective of protecting the environmental rights of criminal law point of view, on the one hand because of the characteristics of severe criminal law itself, despite clear provisions for the destruction of the environment punish crime, but because the relevant provisions of criminal law for the general environment in terms of tort from the criminal point is too high, so for the vast majority of environmental tort cannot be regulated. On the other hand, many acts that endanger the environment, although not directly cause actual results to persons or property damage, but its potential ecological damage caused to the environment, but a serious threat to human survival and development. For these acts, it cannot be investigated by means of criminal law protection.

In summary, the protection of criminal law and civil law protection of environmental rights of the reason why there are limitations, in addition to its main object does not match the right relationship with the environment, but also because the two legal protection rely on jurisdiction and can be achieved. This will inevitably lead to the protection mechanisms is lagging behind, is just an afterthought relief, rather than one kind of advance prevention, protection can play a very limited role.

Administrative having extensive adjustment range. Environmental abuses involved in social life due to social relations more complex, involving a wide and difficult to systematically adjust through other special laws, but most such incidents are within the scope of Administrative Law. When the cause of environmental problems in the sewage business, administrative law can intervene to investigate the first time, the use of administrative measures to manage environmental issues, and to regulate through administrative penalties, administrative enforcement and other administrative measures. For not as an environmental administrative bodies caused by environmental disputes that infringement of their legitimate rights and interests of citizens may file an administrative action seeking relief through the proceedings. Conservation means can adequately respond to different types of environmental disputes, adequate protection of environmental rights of citizens.

Administrative law system has a preventive. Compared to other legal systems of the post-civil rights remedies, administrative law is more focused on prevention of violations in advance. When environmental issues has not yet appeared, the environmental administration authorities by sewage of enterprises, citizens and other resource utilization, strict supervision, to effectively prevent environmental damage incidents. Administrative law imposes strict administrative organs internal management system, the requirements of environmental administrative departments strictly enforce the law, as a positive, because of its omission to avoid damage to environmental rights.

China's environmental legal system with the development of environmentally friendly building practices and tend to improve, administrative enforcement mechanism as an important part of playing an increasingly important role in the practice of law enforcement. The most influential environmental administrative licensing and environmental administrative penalties. Property penalty in the form of money to pay a certain amount of punishment by requiring the violator. As a way of economic sanctions, the offender does not affect personal nature. Objective of property penalty, on the one hand deprived of part of the property rights of the offender, as a punishment for its violations and warnings; on the other hand, the penalty amount can be used for restoration and compensation for damage due to violations of the environment. Typical punishment of fines and confiscated, respectively, for different situations (for example: "Water Pollution Prevention Law" Article 82, Section 77, "Solid Waste Pollution Prevention Law"), centered punishment.

Conduct penalty is illegal to limit people, deprived of the right part of the behavior of punishment, mainly applied to non-environmental development and construction in accordance with the provisions of the Administrative Licensing Law, or does not have the administrative licensing and environmental development and construction of privately actors. Objective To conduct penalty is to prevent environmental pollution incidents and restoration of environmental damage that has occurred. The main punishment is ordered to cease (Example: "Water Pollution Prevention Law" Article 71, Section 55, "Air Pollution Control Act"), temporarily revoked the license, more stringent penalties.

Types of punishment in the form above constitute the basic framework of "Administrative Punishment Law", by different degrees of punishment for violations of people, effectively punishing the people for environmental violations, to make up for the environmental damage caused due to violations.

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