我国公民环境权的行政立法研究
发布时间：2018-08-23 15:00
【摘要】： 公民环境权是在第二次世界大战以后伴随着生态危机的恶化和人民权利意识的加强而发展起来的概念,20世纪60年代在发达国家里被提出来后,迅速发展,成为环境时代人权的新内容。世界上已经有许多国家采取了不同的立法方式对公民环境权进行保护,或在国家基本法中对公民环境权做出相应的规定,或在环境基本法中对公民环境权做出相应的规定,以便更好的保护公民环境权、保护环境和资源。 尽管我国的法律中已有公民环境权的规定,但是到目前为止还没有在立法中明确规定公民环境权的概念,对其还不能够做到及时、全面、彻底的保护。本文通过全面阐述公民环境权的产生背景、基本概念和基本性质,并在考察我国基本国情的基础上,认为只要加强公民环境行政立法才能更好的保护公民环境权。并在我国现有法律的基础上,对我国公民环境权行政立法的制度设计进行了探讨。 全文有三大部分组成: 第一部分为环境权和公民环境权的比较。公民环境权包含于环境权之中,环境权除了公民环境权外,还包括国家环境权、人类环境权,公民环境权和环境权相比较有其自身的特点。 第二部分为我国公民环境权行政立法的现状分析。我国还没有在立法中明确规定公民环境权的概念,但是我国现有的立法中已存在大量的关于公民环境权的规定。这里主要分析我国行政立法中有关公民环境权的规定及其存在的缺陷。 第三部分是我国公民环境权的行政立法的制度设计。这里主要利用公民环境权的理论,对我国公民环境权的行政立法制度进行探讨
[Abstract]:After the second World War, the concept of citizen's environmental right developed with the deterioration of ecological crisis and the strengthening of people's consciousness of rights. After it was put forward in the developed countries in the 1960s, it developed rapidly. It has become a new content of human rights in the era of environment. Many countries in the world have adopted different legislative methods to protect the environmental rights of citizens, or made corresponding provisions on the environmental rights of citizens in the basic law of the country, or made corresponding provisions on the environmental rights of citizens in the basic law of the environment. In order to better protect the environmental rights of citizens, to protect the environment and resources. Although the law of our country already has the stipulation of the citizen's environmental right, up to now, the concept of the citizen's environmental right has not been clearly stipulated in the legislation, and it can not be protected in time, comprehensively and thoroughly. This paper expounds the background, basic concept and basic nature of citizen's environmental right in an all-round way, and on the basis of investigating the basic national conditions of our country, thinks that only by strengthening the citizen's environmental administrative legislation can the citizen's environmental right be better protected. On the basis of the existing laws of our country, this paper probes into the system design of the administrative legislation of citizen's environmental right in our country. The first part is the comparison of environmental rights and civil environmental rights. Citizen's environmental right is contained in the environmental right. Besides the citizen's environmental right, it also includes the national environmental right, the human environmental right, the citizen's environmental right and the environmental right, which has its own characteristics. The second part is the analysis of the current situation of the civil environmental rights administrative legislation in China. The concept of citizen's environmental right has not been clearly defined in our country's legislation, but there are a lot of regulations on citizen's environmental right in our country's existing legislation. This paper mainly analyzes the regulations of the civil environmental rights in the administrative legislation of our country and their defects. The third part is the system design of administrative legislation of citizen's environmental right in our country. This paper mainly uses the theory of citizen's environmental right to probe into the administrative and legislative system of citizen's environmental right in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;D922.1
本文编号：2199420
[Abstract]:After the second World War, the concept of citizen's environmental right developed with the deterioration of ecological crisis and the strengthening of people's consciousness of rights. After it was put forward in the developed countries in the 1960s, it developed rapidly. It has become a new content of human rights in the era of environment. Many countries in the world have adopted different legislative methods to protect the environmental rights of citizens, or made corresponding provisions on the environmental rights of citizens in the basic law of the country, or made corresponding provisions on the environmental rights of citizens in the basic law of the environment. In order to better protect the environmental rights of citizens, to protect the environment and resources. Although the law of our country already has the stipulation of the citizen's environmental right, up to now, the concept of the citizen's environmental right has not been clearly stipulated in the legislation, and it can not be protected in time, comprehensively and thoroughly. This paper expounds the background, basic concept and basic nature of citizen's environmental right in an all-round way, and on the basis of investigating the basic national conditions of our country, thinks that only by strengthening the citizen's environmental administrative legislation can the citizen's environmental right be better protected. On the basis of the existing laws of our country, this paper probes into the system design of the administrative legislation of citizen's environmental right in our country. The first part is the comparison of environmental rights and civil environmental rights. Citizen's environmental right is contained in the environmental right. Besides the citizen's environmental right, it also includes the national environmental right, the human environmental right, the citizen's environmental right and the environmental right, which has its own characteristics. The second part is the analysis of the current situation of the civil environmental rights administrative legislation in China. The concept of citizen's environmental right has not been clearly defined in our country's legislation, but there are a lot of regulations on citizen's environmental right in our country's existing legislation. This paper mainly analyzes the regulations of the civil environmental rights in the administrative legislation of our country and their defects. The third part is the system design of administrative legislation of citizen's environmental right in our country. This paper mainly uses the theory of citizen's environmental right to probe into the administrative and legislative system of citizen's environmental right in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68;D922.1
【引证文献】
相关硕士学位论文 前1条
1 曾传瑞;公民环境权的法律配置研究[D];广西师范大学;2012年
，本文编号：2199420
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