公民环境权立宪研究
发布时间：2019-07-09 09:46
【摘要】： 环境问题已成为“环境时代”人类所关注和不可避免的全球性课题。随着社会经济的发展,环境恶化日趋严重,公民环境权作为一项新生的基本权利,在宪法中予以规定是宪法发展的必然趋势。这既是公民基本权利丰富和发展的需要,也是构筑和完善以保护公民环境权为中心的环境保护法律体系的需要,实施经济与社会可持续发展战略的必然要求。本文第一部分从公民环境权的理论界定宪法理论基础两个方面来阐释公民环境权的基本理论。本文第二部分着重研究了国外公民环境权的宪法规定,在对这些规定进行归纳和总结的基础上,将其与我国公民环境权的宪法规定相比较,梳理出国外较具借鉴意义的有益经验,并与之相对比,寻找出我国宪法规定的不足。本文第三部分重在构建我国公民环境权制度,设想从宪法保障可持续发展公民环境权宪法地位的确立、保障公民对环境的知情权构建公民参与环境影响评价的制度机制以及加强对公民环境权的法律救济等五个方面进行阐释。笔者期望通过对我国公民环境权的理论研究,使得公民环境权的保护能够成为21世纪环境国家所应当承担的使命。
[Abstract]:Environmental problems have become an inevitable global issue in the era of environment. With the development of social economy, the deterioration of environment is becoming more and more serious. As a new basic right, it is the inevitable trend of constitutional development to stipulate it in the Constitution. This is not only the need for the enrichment and development of citizens' basic rights, but also the need to construct and perfect the legal system of environmental protection centered on the protection of citizens' environmental rights, and the inevitable requirement for the implementation of the strategy of sustainable economic and social development. The first part of this paper is defined from the theory of citizens' environmental rights. The basic theory of citizen's environmental right is explained from two aspects of constitutional theory. The second part of this paper focuses on the constitutional provisions of foreign citizens' environmental rights. On the basis of summing up and summing up these provisions, this paper compares them with the constitutional provisions of Chinese citizens' environmental rights, combs out the useful experiences of foreign countries, and compares them with them, and finds out the shortcomings of the constitutional provisions of our country. The third part of this paper focuses on the construction of the system of citizens' environmental rights in our country, and envisions the guarantee of sustainable development from the constitution. The establishment of the constitutional status of citizens' environmental rights to protect citizens' right to know about the environment? Five aspects, such as constructing the institutional mechanism of citizens' participation in environmental impact assessment and strengthening the legal relief of citizens' environmental rights, are explained. The author hopes that through the theoretical study of citizens' environmental rights in China, the protection of citizens' environmental rights can become the mission that environmental countries should undertake in the 21st century.
【学位授予单位】：四川师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D921;D922.68
本文编号：2512066
[Abstract]:Environmental problems have become an inevitable global issue in the era of environment. With the development of social economy, the deterioration of environment is becoming more and more serious. As a new basic right, it is the inevitable trend of constitutional development to stipulate it in the Constitution. This is not only the need for the enrichment and development of citizens' basic rights, but also the need to construct and perfect the legal system of environmental protection centered on the protection of citizens' environmental rights, and the inevitable requirement for the implementation of the strategy of sustainable economic and social development. The first part of this paper is defined from the theory of citizens' environmental rights. The basic theory of citizen's environmental right is explained from two aspects of constitutional theory. The second part of this paper focuses on the constitutional provisions of foreign citizens' environmental rights. On the basis of summing up and summing up these provisions, this paper compares them with the constitutional provisions of Chinese citizens' environmental rights, combs out the useful experiences of foreign countries, and compares them with them, and finds out the shortcomings of the constitutional provisions of our country. The third part of this paper focuses on the construction of the system of citizens' environmental rights in our country, and envisions the guarantee of sustainable development from the constitution. The establishment of the constitutional status of citizens' environmental rights to protect citizens' right to know about the environment? Five aspects, such as constructing the institutional mechanism of citizens' participation in environmental impact assessment and strengthening the legal relief of citizens' environmental rights, are explained. The author hopes that through the theoretical study of citizens' environmental rights in China, the protection of citizens' environmental rights can become the mission that environmental countries should undertake in the 21st century.
【学位授予单位】：四川师范大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D921;D922.68
【引证文献】
相关硕士学位论文 前1条
1 赵盼盼;小城镇生活垃圾处理的现状及对策[D];兰州大学;2011年
，本文编号：2512066
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