环境权相关理论研究
发布时间：2018-10-13 08:31
【摘要】： 环境权既是一种新兴的、正在发展中的重要法律权利,也是一种新兴的法学理论。环境权是环境法的一个核心问题,是环境立法和执法、环境管理和诉讼的基础,也是环境法学的基本理论。环境权作为环境法学的基石范畴的研究具有极其重要的理论和实践意义。 众所周知,人类进入二十世纪以来,环境问题日益严峻,环境的恶化不仅对经济发展造成严重的阻碍,而且对生态平衡的破坏是难以恢复的,人类的可持续发展面临严峻挑战,环境权理论就是伴随着环境问题而出现。 本论文从环境权产生的历史背景入手,揭示了环境权的历史由来,对环境权的概念和构成要素进行了分析,同时对环境权的性质进行了论证。通过对环境权的概念和性质的分析论证了环境权是一项新型的人权。在对环境权相关理论的分析论述基础之上,介绍了现阶段环境权在国外及我国的立法现状,并阐述了我国在环境立法方面应如何健全和完善环境权。 论文共分为五个部分,第一部分通过回顾历史,介绍了环境权的产生过程。第二部分,从环境权的肯定说与否定说的理论之争入手,分析了环境权独立存在的合理性基础。并从“环境”与“环境权利”的界定进行分析,以期在此基础上得出“环境权”的概念。第三部分,在前文“环境”与“环境权利”的界定进行分析的基础上,得出“环境权”的概念,并在此基础之上分析环境权的构成要素。同时,分析了环境权的性质及意义。通过以上部分,使读者对环境权相关理论有较为全面的了解,认识到环境权的重要作用。第四部分,通过对比国外宪法及环境基本法中有关环境权的法律规定,分析其各自特点,以期对我国环境权立法工作有所借鉴。在前四部分论述的基础之上,第五部分,也是本论文的核心部分,主要探讨了我国法律中的环境权与立法完善,结合我国目前环境法体系,介绍了环境权在我国的立法现状,探讨了其中存在的缺陷,同时提出个人建议。
[Abstract]:Environmental right is not only a new and developing legal right, but also a new legal theory. Environmental right is a core issue of environmental law, the basis of environmental legislation and law enforcement, environmental management and litigation, as well as the basic theory of environmental law. The study of environmental right as the cornerstone of environmental law has extremely important theoretical and practical significance. As we all know, since human beings entered the twentieth century, environmental problems have become increasingly serious. The deterioration of the environment has not only caused serious obstacles to economic development, but also destroyed the ecological balance, which is difficult to restore. The sustainable development of mankind is facing severe challenges. The theory of environmental right is accompanied by environmental problems. Starting from the historical background of environmental rights, this paper reveals the historical origin of environmental rights, analyzes the concept and constituent elements of environmental rights, and demonstrates the nature of environmental rights. Through the analysis of the concept and nature of environmental right, it is proved that environmental right is a new type of human rights. Based on the analysis of the related theories of environmental rights, this paper introduces the present legislative situation of environmental rights in foreign countries and China, and expounds how to perfect and perfect the environmental rights in our country in the aspect of environmental legislation. This paper is divided into five parts. The first part introduces the process of environmental rights by reviewing history. In the second part, the rational foundation of the independent existence of environmental right is analyzed from the theory of affirmation and negation of environmental right. Based on the analysis of the definition of "environment" and "environmental right", the concept of "environmental right" is obtained. In the third part, based on the analysis of the definition of "environment" and "environmental right", the concept of "environmental right" is obtained, and on this basis, the constituent elements of environmental right are analyzed. At the same time, the nature and significance of environmental rights are analyzed. Through the above part, the readers have a comprehensive understanding of the relevant theories of environmental rights, and realize the important role of environmental rights. In the fourth part, by comparing the laws and regulations of environmental rights in foreign constitutions and environmental basic laws, the author analyzes their respective characteristics in order to draw lessons from the legislative work of environmental rights in our country. On the basis of the first four parts, the fifth part, which is the core part of this paper, mainly discusses the environmental rights and the legislative perfection in the law of our country, and introduces the present legislative situation of the environmental rights in our country in combination with the current environmental law system of our country. The defects are discussed, and personal suggestions are put forward at the same time.
【学位授予单位】：中国地质大学（北京）
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
本文编号：2267953
[Abstract]:Environmental right is not only a new and developing legal right, but also a new legal theory. Environmental right is a core issue of environmental law, the basis of environmental legislation and law enforcement, environmental management and litigation, as well as the basic theory of environmental law. The study of environmental right as the cornerstone of environmental law has extremely important theoretical and practical significance. As we all know, since human beings entered the twentieth century, environmental problems have become increasingly serious. The deterioration of the environment has not only caused serious obstacles to economic development, but also destroyed the ecological balance, which is difficult to restore. The sustainable development of mankind is facing severe challenges. The theory of environmental right is accompanied by environmental problems. Starting from the historical background of environmental rights, this paper reveals the historical origin of environmental rights, analyzes the concept and constituent elements of environmental rights, and demonstrates the nature of environmental rights. Through the analysis of the concept and nature of environmental right, it is proved that environmental right is a new type of human rights. Based on the analysis of the related theories of environmental rights, this paper introduces the present legislative situation of environmental rights in foreign countries and China, and expounds how to perfect and perfect the environmental rights in our country in the aspect of environmental legislation. This paper is divided into five parts. The first part introduces the process of environmental rights by reviewing history. In the second part, the rational foundation of the independent existence of environmental right is analyzed from the theory of affirmation and negation of environmental right. Based on the analysis of the definition of "environment" and "environmental right", the concept of "environmental right" is obtained. In the third part, based on the analysis of the definition of "environment" and "environmental right", the concept of "environmental right" is obtained, and on this basis, the constituent elements of environmental right are analyzed. At the same time, the nature and significance of environmental rights are analyzed. Through the above part, the readers have a comprehensive understanding of the relevant theories of environmental rights, and realize the important role of environmental rights. In the fourth part, by comparing the laws and regulations of environmental rights in foreign constitutions and environmental basic laws, the author analyzes their respective characteristics in order to draw lessons from the legislative work of environmental rights in our country. On the basis of the first four parts, the fifth part, which is the core part of this paper, mainly discusses the environmental rights and the legislative perfection in the law of our country, and introduces the present legislative situation of the environmental rights in our country in combination with the current environmental law system of our country. The defects are discussed, and personal suggestions are put forward at the same time.
【学位授予单位】：中国地质大学（北京）
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前4条
1 周丹;相邻关系中的环境权利及其法律保护[D];重庆大学;2010年
2 楚晓宁;我国政府环境责任问责机制的立法研究——从公众问责的角度[D];山东师范大学;2010年
3 郭媛;政府环境责任公众问责法律机制研究[D];山西财经大学;2012年
4 熊玉双;我国农村环境金融法律问题研究[D];华中农业大学;2011年
，本文编号：2267953
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