社会权视野下的环境权研究
发布时间：2019-02-09 18:40
【摘要】： 人类社会经济的不断发展,使生态环境受到了严重污染和破环。随着可持续发展战略在世界各国的确立,我国也在各个领域提倡科学发展。环境权作为一项发展中的新型权利,成为环境法领域的重要课题之一。本文概括分析了国内外对环境权理论的研究成果及理论困境,提出所谓环境权是指公民在良好环境中享受一定环境品质的基本权利,环境权的主体是自然人,权利内容只能是实体权利。并以历史分析的方法,以环境权的发展历程与社会权的历史演变为切入点,从权利性质的分析角度论证了环境权与社会权的关系,提出环境权是社会权,是一种新型的社会权,并主张以社会权的视角重构环境权的保障路径,提出环境权的宪法保护、程序法保护、刑法保护、民法保护途径,最后提出,在现行法律框架下,确立环境公益诉讼制度是保障环境权的主要可行办法。
[Abstract]:With the continuous development of human society and economy, the ecological environment has been seriously polluted and broken. With the establishment of sustainable development strategy in the world, China also advocates scientific development in various fields. As a new developing right, environmental right has become one of the important subjects in the field of environmental law. This paper summarizes and analyzes the research results and theoretical difficulties of the theory of environmental rights at home and abroad, and puts forward that the so-called environmental rights refer to the basic rights of citizens enjoying a certain environmental quality in a good environment, and the main body of environmental rights is natural persons. The content of rights can only be substantive rights. Based on the method of historical analysis and the historical evolution of environmental rights and social rights, this paper demonstrates the relationship between environmental rights and social rights from the perspective of the nature of the rights, and puts forward that the environmental rights are social rights and a new type of social rights. It also proposes to reconstruct the protection path of environmental rights from the perspective of social rights, to put forward the constitutional protection of environmental rights, the protection of procedural law, the protection of criminal law, the protection of civil law, and finally, under the current legal framework, The establishment of environmental public interest litigation system is the main feasible way to protect environmental rights.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.68
本文编号：2419276
[Abstract]:With the continuous development of human society and economy, the ecological environment has been seriously polluted and broken. With the establishment of sustainable development strategy in the world, China also advocates scientific development in various fields. As a new developing right, environmental right has become one of the important subjects in the field of environmental law. This paper summarizes and analyzes the research results and theoretical difficulties of the theory of environmental rights at home and abroad, and puts forward that the so-called environmental rights refer to the basic rights of citizens enjoying a certain environmental quality in a good environment, and the main body of environmental rights is natural persons. The content of rights can only be substantive rights. Based on the method of historical analysis and the historical evolution of environmental rights and social rights, this paper demonstrates the relationship between environmental rights and social rights from the perspective of the nature of the rights, and puts forward that the environmental rights are social rights and a new type of social rights. It also proposes to reconstruct the protection path of environmental rights from the perspective of social rights, to put forward the constitutional protection of environmental rights, the protection of procedural law, the protection of criminal law, the protection of civil law, and finally, under the current legal framework, The establishment of environmental public interest litigation system is the main feasible way to protect environmental rights.
【学位授予单位】：东北林业大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.68
【参考文献】
相关期刊论文 前3条
1 吴卫星;;环境权入宪之实证研究[J];法学评论;2008年01期
2 莫纪宏;;论对社会权的宪法保护[J];河南省政法管理干部学院学报;2008年03期
3 杜钢建;日本的环境权理论和制度[J];中国法学;1994年06期
，本文编号：2419276
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