The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as ...The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as to master the connotation of environment resources property.展开更多
Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the ...Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.展开更多
In recent years,there have been numerous academic discussions the environmental rights,and there has been ongoing debate about whether environmental rights can become a constitutional right and whether their focus is ...In recent years,there have been numerous academic discussions the environmental rights,and there has been ongoing debate about whether environmental rights can become a constitutional right and whether their focus is on the environment itself or on health.Although the current Constitution contains provisions on environmental protection,they do not appear in the form of fundamental rights.From a comparative law perspective,while international conventions tend to regard environmental rights as an international human right,most countries only partially recognize their claim-related attributes,often treating them more as a state objective.There is a close connection between environmental protection and the realization of health,but environmental protection has its own independent value.There is no doubt that environmental protection is a constitutional value,however,the constitutional environmental rights can only be claimed when they are closely related to health.In a risk-oriented society,the claim-related attributes,normative connotations,and scope of protection of the right to a healthy environment should be defined from three aspects:inviolability,risk prevention,and positive protection.展开更多
Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlight...Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.展开更多
Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including...Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.展开更多
From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out th...From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.展开更多
The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and dut...The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.展开更多
The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the righ...The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.展开更多
This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize t...This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.展开更多
Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development ...Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.展开更多
To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on...To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.展开更多
As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environment...As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.展开更多
The right to development,the realization of which is subject to environmental rights,is an inalienable human right The principle of sustainable development is based on the right to development but is a development pat...The right to development,the realization of which is subject to environmental rights,is an inalienable human right The principle of sustainable development is based on the right to development but is a development path designed to protect the environment The fact that environmental rights are not expressly stipulated in international human rights law does not deny its attribute as a human right Therefore,environmental rights and the right to development are equally important,conducive to the realization of human sustainable development through the protection of environmental rights In order to solve the contradiction between economic development and environmental protection in China,it is necessary to earnestly implement the Scientific Outlook on Development under strict judicial control in accordance with the law and to fully protect the public's rights to know concerning environmental information,and encouraging the public's participation in environmental decision-making展开更多
Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approa...Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.展开更多
As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a...As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision.展开更多
With the continuous improvement in the protection of environmental rights in China,the demand for a“more beautiful environment”in the“needs for a better life”should serve as the basis for the formation of environm...With the continuous improvement in the protection of environmental rights in China,the demand for a“more beautiful environment”in the“needs for a better life”should serve as the basis for the formation of environmental rights.Environmental rights oriented toward the“needs for a better life”reflect the legal response to ensure that the environment meets people’s spiritual needs to a certain extent after the environment meets their health needs.Based on the provisions of the general personality rights in China’s Civil Code and related judicial practice,a legal normative interpretation of environmental rights oriented toward the“needs for a better life”can be established.At the theoretical level,the boundary of environmental rights should be determined by taking the obligation to tolerate as the bottom line.In the identification and protection of environmental rights in relevant judicial practices,factors such as the protection of reasonable expectations and the inertia of people’s perceptions of the environment should be fully considered with judicial discretion to render the positioning of judicial protection reasonable based on taking the obligation to tolerate as the bottom line.展开更多
Human rights are the fundamental rights. The right to environment is derived from human rights. The right to life lies in the central core of human rights. Without a sound environment it would not be possible to susta...Human rights are the fundamental rights. The right to environment is derived from human rights. The right to life lies in the central core of human rights. Without a sound environment it would not be possible to sustain an acceptable quality of life or even life itself. The right to environment therefore originated in the right to life, but transcends lite. Thus it is a new human right of modern times.展开更多
The 18th National Congress of CPC, which concluded not long ago, put forward the ambitious goal ofcompletely building up a better-off society by 2020. Since the reform and opening of 1978, especially in the past decad...The 18th National Congress of CPC, which concluded not long ago, put forward the ambitious goal ofcompletely building up a better-off society by 2020. Since the reform and opening of 1978, especially in the past decade, the human rights construction of China has made enormous achievements. The complete building up of a better-off society requires taking comprehensive consideration of many aspects, such as the economy, politics, culture,展开更多
Human rights are not isolated; rather, they are human rights situated in the soci- ety, the network interwoven with economy, politics, society, culture and so on, and human rights protection has to depend upon certain...Human rights are not isolated; rather, they are human rights situated in the soci- ety, the network interwoven with economy, politics, society, culture and so on, and human rights protection has to depend upon certain interior and exterior environments and institutional arrangement. As early as in 1948, the Universal Declaration of Human Rights has pointed out, ＂Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.＂ The realization of human rights not only involves the claim to rights themselves,展开更多
基金Supported by Key Project of National Social Science Fund(10AJL002)
文摘The generation, connotation, property, subject and object, and contents of environment rights and environment resources property were studied. And based on these, the similarities and differences were discussed so as to master the connotation of environment resources property.
文摘Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.
文摘In recent years,there have been numerous academic discussions the environmental rights,and there has been ongoing debate about whether environmental rights can become a constitutional right and whether their focus is on the environment itself or on health.Although the current Constitution contains provisions on environmental protection,they do not appear in the form of fundamental rights.From a comparative law perspective,while international conventions tend to regard environmental rights as an international human right,most countries only partially recognize their claim-related attributes,often treating them more as a state objective.There is a close connection between environmental protection and the realization of health,but environmental protection has its own independent value.There is no doubt that environmental protection is a constitutional value,however,the constitutional environmental rights can only be claimed when they are closely related to health.In a risk-oriented society,the claim-related attributes,normative connotations,and scope of protection of the right to a healthy environment should be defined from three aspects:inviolability,risk prevention,and positive protection.
基金the 2021 ministerial-level scientific research project on the construction of the rule of law and legal theory of the Ministry of Justice,“Research on the Construction of China Model of Climate Change Litigation under Double Carbon Target”(Project No.21SFB3028)。
文摘Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.
基金one of the phased achievements of the project"Rights and Politics"(Project No.12JJD820001)a major project of the Humanities and Social Sciences Base of the Ministry of Education
文摘Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.
文摘From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.
文摘The inexplicit efficiency of environmental property rights lies in its fuzziness. Based on the character of environmental property rights discussed, unit environment shows intra relationship between efficiency and duty of environmental property rights, and constructs a symmetrical system arrangement. Through analyzing the possibility and feasibility of unit environmental property rights, the significance of symmetrical system arrangement to avoid the inexplicit efficiency of environmental property rights is discussed in this dissertation from the aspect of the validity of offering and implementing system.
文摘The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.
文摘This essay focuses on expanding the traditional theory of personality right and referring to the outside legislative cases in order to promote environmental information disclosure,the purpose,therefore is to realize the ecological personality right.
基金This paper is a phased achievement of the 2022 judicial research major project of the Supreme People’s Court,“Research on Judicial Service to Guarantee Carbon Peak and Carbon Neutrality”(Project Approval No.ZGFYZDKT20220301)the major project of the National Social Science Foundation,“Research on Legal Regulations for Biodiversity Protection under the Overall System View”(Project Approval No.19ZDA162).
文摘Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.
基金a phased achievement of“Research on the Improvement of the Central Environmental Inspection System”(project No.21ZDA088)a key project on studying and interpreting the guiding principles of the Fifth Plenary Session of the 19th CPC Central Committeeunder the support of the National Social Science Fund of China。
文摘To develop China’s human rights cause with a people-centered approach,we should pay close attention to the concrete experiences of the general public regarding the protection of human rights.Deepening the research on the perception of respect for human rights can contribute to a more comprehensive understanding of the practical achievements of the hu man rights cause.Public environmental rights,as a new type of human rights,have become an important aspect of the development of the human rights cause in the new era.The central envi ronmental inspection,as an authoritative and interventionist vertical governance mechanism,promotes the implementation of environmental policies by local Party committees and govern ments and strengthens environmental information disclosure and public participation in environ mental matters.As a result,it contributes to the realization of public environmental rights and stimulates public perception of respect for human rights.Among them,the“look-back inspec tion is an important component of the central environmental inspection,and its implemen tation consolidates and enhances the previous inspection work.An empirical analysis based on the World Values Survey’s data for China indicates that residents in the provinces that have underg one“look-back inspections are more inclined to believe that human rights are adequately re spected compared to residents in the provinces that have not underwent such inspections.It suggests that the advancement and improvement of the central environmental inspection system promote improvements in ecological environment quality and contribute to enhancing the public percep tion of respect for human rights.
基金an initial progress of the“Research on Improving the Central Supervision System of Ecological and Environmental Protection”(Project No.21ZDA088)a National Social Science Foundation Major Project of the Research on the Interpretation of the Spirit of the Fifth Plenary Session of the 19th CPC Central Committee。
文摘As an innovation in the environmental governance system that breaks the traditional hierarchical structure,environmental protection supervision has not only played a significant role in protecting tangible environmental rights but also expanded the basic scope of the right to environmental information—part of procedural environmental rights.In the supervision of environmental protection,the objects of the right to environmental information and the subjects of the obligation to provide environmental information have been both expanded,with the focus shifting from government information to Party information and from administrative organs to Party organs.This vividly demonstrates the Communist Party of China’s concrete efforts to protect human rights in the field of the endeavor to build an ecological civilization.At present,the realization of the right to environmental information in environmental protection supervision still faces problems such as insufficient standards and norms,disordered practice and operation,and lack of liability guarantee.In this context,based on renewing relevant subjects’cognition of the right to know in environmental protection supervision,we should further improve and specify the rule for disclosing information about environmental protection supervision,rationally distribute the obligations for information disclosure in environmental protection supervision,and clarify the accountability rules for violating relevant requirements for information disclosure,so as to promote the overall development of the environmental protection supervision system while guaranteeing the realization of the right to environmental information.
文摘The right to development,the realization of which is subject to environmental rights,is an inalienable human right The principle of sustainable development is based on the right to development but is a development path designed to protect the environment The fact that environmental rights are not expressly stipulated in international human rights law does not deny its attribute as a human right Therefore,environmental rights and the right to development are equally important,conducive to the realization of human sustainable development through the protection of environmental rights In order to solve the contradiction between economic development and environmental protection in China,it is necessary to earnestly implement the Scientific Outlook on Development under strict judicial control in accordance with the law and to fully protect the public's rights to know concerning environmental information,and encouraging the public's participation in environmental decision-making
文摘Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.
文摘As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision.
文摘With the continuous improvement in the protection of environmental rights in China,the demand for a“more beautiful environment”in the“needs for a better life”should serve as the basis for the formation of environmental rights.Environmental rights oriented toward the“needs for a better life”reflect the legal response to ensure that the environment meets people’s spiritual needs to a certain extent after the environment meets their health needs.Based on the provisions of the general personality rights in China’s Civil Code and related judicial practice,a legal normative interpretation of environmental rights oriented toward the“needs for a better life”can be established.At the theoretical level,the boundary of environmental rights should be determined by taking the obligation to tolerate as the bottom line.In the identification and protection of environmental rights in relevant judicial practices,factors such as the protection of reasonable expectations and the inertia of people’s perceptions of the environment should be fully considered with judicial discretion to render the positioning of judicial protection reasonable based on taking the obligation to tolerate as the bottom line.
文摘Human rights are the fundamental rights. The right to environment is derived from human rights. The right to life lies in the central core of human rights. Without a sound environment it would not be possible to sustain an acceptable quality of life or even life itself. The right to environment therefore originated in the right to life, but transcends lite. Thus it is a new human right of modern times.
文摘The 18th National Congress of CPC, which concluded not long ago, put forward the ambitious goal ofcompletely building up a better-off society by 2020. Since the reform and opening of 1978, especially in the past decade, the human rights construction of China has made enormous achievements. The complete building up of a better-off society requires taking comprehensive consideration of many aspects, such as the economy, politics, culture,
文摘Human rights are not isolated; rather, they are human rights situated in the soci- ety, the network interwoven with economy, politics, society, culture and so on, and human rights protection has to depend upon certain interior and exterior environments and institutional arrangement. As early as in 1948, the Universal Declaration of Human Rights has pointed out, ＂Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.＂ The realization of human rights not only involves the claim to rights themselves,
