论公民环境权及其实现-环境与资源保护法专业论文.docxVIP

PAGE PAGE 4 concrete one of human rights. The substance of the environmental rights is how to use with the exterior environment better and improve mankind survival conditional. The antinomy of the environmental rights and economic right is just like the antinomy of the environmental protection and economic development. The basic principle of the environment law is the principle of development can be lasted. The environmental rights means the harmonious spirit of the nature and people. As main contents, the citizen environmental rights should include the core content and outside contents. The core contents is the basis of that environmental rights can independently existent from other rights, include to enjoy the good environmental rights and environmental protection right; the outside contents is closely related the core content, is also the prop up system that citizen environmental rights can carry out. This text analyze the right of use environment and the right of protect environment, negating the right of use environment as the core content; the environmental protection is not only an obligation but also a right. From the angle of a public welfare or a private benefit, the behavior of the environmental protection appears the high consistency of obligation and right. The environmental protection power should be one of the cores content. The citizen environmental rights is the foundation of the environment infringement litigation and the environment public welfare litigation. The citizen environmental rights is the important means that promotes the environmental protection. The realization of the citizen environmental rights depends on the environment lawmaking and judicial fulfillment continuously perfect progress with development, otherwise the citizen environmental rights just be mirage. And in the process of guarantee of the citizen environmental rights continuously, it also has important meaning to the right of the citizen and the development of the democr