TANG Yingxia: The Protection on Environmental rights: China’s Experience and Approach
February 19,2020   By:
The Protection on Environmental rights: China’s Experience and Approach
TANG Yingxia
Abstract: China's environmental rights protection relies on the national strategy of ecological civilization construction and has constitutional guidelines as ecological civilization is incorporated into the constitution. The fundamental purpose and the final result of the construction of ecological civilization with Chinese characteristics is to create a good production and living environment for the people. Creating a good production and living environment for the people is the premise and foundation for the construction of ecological civilization. The achievements of ecological civilization construction should also be reflected in creating a good production and living environment for the people. The right to environment is the starting point and destination of ecological civilization construction. Although the environmental rights are not clearly defined in the Constitution and the Environmental Protection Law, the Chinese human rights policy represented by the National Human Rights Action Plan establishes environmental rights as a human right and the clearly and specifically indicators setting by it are strictly assessed and implemented. From the content point of view, three issues of the National Human Rights Action Plan have been issued to protect the environmental rights comprehensively, including both substantive environmental rights and procedural environmental rights. Under the background of the protection of substantive environmental rights legislation lacking, the policy guarantee of environmental rights has played a role in guiding and supplementing legal protection, and has become the medium of the conversion between the legal rights and real rights, and objectively promotes the right to environmental rights. On the other hand, the revision of the Environmental Protection Law strengthens the protection of the procedural environmental rights. In recent years, the judicial guarantee of China's environmental rights has made positive progress, and it is the more practical legal practice to guarantee citizens' environmental rights through judicial channels.
The revision of environmental protection laws and a series of new initiatives in the judicial system and environmental resources trials will better guarantee the realization of citizens' environmental rights and promote China's new path of ecological civilization. In the long run, the future connotation and requirements of the substantive environmental rights in the Constitution and laws are not only the trend of the international environment and human rights, but also the objective needs of China's sustainable development.
Key words: Environmental rights; Ecological civilization construction; National Human Rights Action Plan; Judicial guarantee
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