Environmental rights outlined in the Constitution

Abstract: Modern technology and rapid economic development has brought both to the material life of mankind unprecedented prosperity, but also brought damage to the environment. With the prominence of environmental issues and become a serious problem threatening the survival of mankind, the environmental issues related to Study rights has become a hot spot. environmental rights, that is, 60 years as the 20th century, the global environmental crisis put forward by the outbreak of an emerging human rights. This right of the human nature of the environment and its constitutional forms, and other related issues of preliminary demonstration.

Keywords: Environmental Rights Human Rights in Constitution
First, the definition of related concepts
1, Environmental Rights
Environmental science on the environment, ie, as part of Earth's biosphere, including flora, fauna and natural resources, such as air, land, underground resources, soil and water.

The environmental Laws and environmental rights on the "environment" is not equivalent to environmental science on the "environment", its scope is much smaller than the latter. By examining the many Chinese and foreign scholars found the right for the environment, although the current academic environment right for content also some differences and disputes, but the right to pass that the environment is defined as a human right. the first time the concept of environmental rights recognized by the international community and defined in the June 1972 United Nations Conference on Human Environment held, the Conference adopted a <"Human Environment Declaration>>. The Declaration states that:" the human right to a life of dignity and welfare of the environment, freedom, equality and adequate conditions of life's basic rights and obligations to protect and improve the generation and environment for future generations of the solemn responsibility. "
In addition, the right to further understanding of the environment, the need to first understand the purpose of the study areas, ie to solve the increasingly serious environmental problems and ecological crises.

environmental issues, is due to natural changes or human activities, their ecosystems caused by imbalance and environmental quality degradation, and thus to human survival and development of adverse effects.

Environmental crisis, and some scholars as the ecological crisis is the accumulation of environmental problems, the product of evolution to a certain extent, it is metaphor for the human face and the accompanying high risk of change or restructuring opportunities.

2, human rights
The so-called human rights, is in a certain social and historical conditions, according to the nature and dignity of every person to enjoy or should enjoy fundamental rights. To its complete sense, is all free and equal right to survival and development, or , that is, survival and development of all necessary based on freedom, equal rights. it contains four basic content areas, namely, freedom, equal rights, political rights, social rights.

Whether on environmental rights are human rights areas, will be detailed in Part III of this article.

3, the constitutional sense of environmental rights
Constitutional environmental rights, environmental rights is a basic right as citizens. "Fundamental rights of citizens" means citizens of the inherent, indispensable, irreplaceable, stable, with the common parent of rights, the right system, it is extremely important position and role.

Second, the right to study the environment, from the obligation to change based to rights-based
As can be seen from the above definition, the environment is vested rights doctrine. While the right is the core proposition of Law. Jurisprudence that the rights are usually required or implied in the legal norms, the realization of the legal relationship, the subject as a relatively free as a way or a means of benefit and obligations of the contrast. In the course of development rights doctrine, he has also appeared in "duty based", "the Right Standard" and "social standard, said."
Obligations to obligations as a legal system based design center, are all legislative provisions prohibiting sexual and obligations, and its relation to identity-based, emphasizing the level of identity order, has long been out of the trend of modern legislation. Right standard established by the "status to contract "The transformation process, the central concept of rights into Law, the protection of individual rights as the highest Law of the mission. But this extreme individuation had a serious social problem, for the community to enhance life, the Law that oblige who bear a particular obligation, restriction or deprivation of certain rights, "contract to the identity" of the conversion trend to strengthen, "Private Law Public Law" and the "ownership society" that is, its concentrated expression.

Environmental rights must be designed to "social standard that" for the foundation. In terms of obligations to the design environment as the focus right system, the original intention was good, but totally inconsistent with the fact that Rise of the modern social rights, but also emotionally vulnerable people to resist. And In emphasizing the rights of social standard, but also stressed the right of the right of society for the realization of the obligations, rights of its essence, is the center. And, more effective rights than obligations, rights, the argument is more than the latter's access to public a high degree of awareness, a high degree of understanding and a high degree of support. Therefore, the Research paper right for the environment starting from the right standard.

Third, the nature of the human rights of environmental rights
The above definition of the concept and understanding of the many Research methods point of view, the environment for understanding whether it is a basic human right will be very simple.

Some scholars have raised human rights abroad, the three criteria: the highest moral authority, universal and practical. We can test these three criteria is whether the environment is not a human right. Environmental problems are really related to the human interests, threatening to human survival and environmental issues are global, so the environment does have the right to the highest moral authority and universality. As for the can be practical, although there are still many disputes in today, but Stone said that Taking into account the gradual improvement of constitutional theory and environmental rights of future trends, which may be of considerable practical will also be a kind of inevitable. If you follow these criteria, the environment is right to be regarded as a basic human right accordingly.

Environment as a fundamental human right, is the general rule in certain areas and protection of the environment within the freedom of action. Environment right here, including the freedom of human behavior, but also freedom of the biological behavior, its object is human survival natural environment. But this freedom of action and control of the managers who must be the only human, and through artificial means to play a role. So human nature is the right one is a class environment, of course, more specifically, the right environment a kind of ecological right, which will be expanded in this fifth part of the discussion. reposted elsewhere in the Research Papers Download http://www.hi138.com right back in the environment of human rights in the content of the abstract to the purpose of course is to emphasize and highlight the value and importance of its proper position. because the environment right for the modern and future generations is essential to survival and development. In fact, the potential impact on the environment and the right to determine the most basic human rights, is a human survival, development, freedom, equality and the value of the right foundation. modern society, the law must be to achieve the survival, health, development, protection of fundamental freedoms and rights as the basic value of the pursuit.

Fourth, environmental rights in the Constitution
Over the years, environmental rights in the Constitution that the right environment, people constitution, has been a hot topic widely discussed academics. The right people on the environment of the discussion revolved around the two constitutional issues: first, whether constitutional environmental rights were necessary, and second, environmental rights, such as He Renxian. While these problems are still there is considerable controversy in the academic community, but one constitutional environmental rights legislation for environmental protection has become a national trend.

On the first question, this answer is yes. Assumes a national obligation to protect fundamental constitutional rights like the same protection of human rights, environmental rights are human rights, the environment should be the constitution of the right. A State Constitution, basic civil rights enumerated in , is the country's domestic law and the specific provisions of human rights protection. modern constitutional democracy based on public power from the rights of citizens. The Constitution is not given to the constitutional rights of its citizens, but citizens of the human rights recognized by national legal recognition and protection of . and environmental rights and other fundamental rights already have the status of constitutional rights are equal in nature, so we should believe that environmental rights should be in the Constitution.

Another question on the form of environmental rights in the Constitution, but also a lot of controversy. Looking at the development of constitutions, we find that the early constitutions of environmental protection as the country is generally a management rights or responsibilities of a government kinds of active behavior, and no mention of citizens in environmental protection have what rights. According to the analysis of the second part of this idea, the environment should be based on the fundamental rights the right to form the Constitution. another elaboration according to the third part of this article, environmental rights is a comprehensive social rights, liberty and basic human rights of equality. is in the Constitution of the process, environmental rights should be extended to the form of basic human rights, the Constitution expressly included in the scope of the field of public power to improve the protection of environmental rights and expand the field of environmental proprietary rights protection.

In short, the right to put the environment back to the human rights field of vision, and vision into the constitution to achieve their multi-protection system, on the one hand to emphasize the supremacy of the status of environmental rights and important value to be able to cause widespread attention. Another , the public-private combination of multiple protection methods to facilitate the practical implementation of this right and the specific implementation.

V. Expansion of environmental rights: the right environment
As mentioned earlier, human rights, the right of the nature of the environment is only one genus, environmental rights, more precisely, a kind of ecological rights. The so-called eco-environmental right, refers to the existence of all organisms, including humans as the object, through the natural law legal blueprint for a general rule, protection of the environment constraints and the behavior of all living things within the context of freedom. "mankind, as a 'physical existence', it is the same and all objects, dominated by the same law." In all the potential of these laws remain unchanged, that is, natural law, because it is the origin of our pure essence of human life. However, the laws of nature exist, but must play a role in the form of man-made law.

Since the environment is a generalized right to adjust the behavior of the natural law of freedom, then it is not just theorists usually consider the human rights area, it also includes the two connotations: the equality of man and other organisms, and the modern and future generations of people equality. Although these are not the best in-depth study this perspective, it does not mean that these human rights across the environment, environmental ethics and environmental science Research disciplines, such as "kind of intergenerational equity" and "intergenerational equity" is not right exist.

References
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