Ren Wen, animal husbandry,
Abstract can be said that China's environmental legal system development fast, relevant legal system is relatively perfect, but why China's environmental problems one after another frequently? This paper attempts to explore the constitutional level of the, and suggested the establishment of the constitution Key words
Environmental Law constitutional environmental rights
I. Introduction: Questions
environmental problems such as food, population, energy and other issues together in the world today The major problem impeding human progress!
the scope of its spread throughout the world in every corner of the pollution of the environment makes the spread of human disease, today I have even asserted that the swine flu epidemic of the disease is due to environmental pollution.
China, as a populous country, and is in a period of social transformation, economic development, a series of acts to the environment caused serious environmental problems. Its direct impact on the national level of production and living standards,cheap UGG boots, but also hinder the rapid development of the economy. We know that environmental pollution is divided into two kinds of natural and man-made [1], the natural environment may be difficult to avoid the pollution of our human powerlessness, but the environmental pollution caused by human beings is completely controllable. Therefore, we must recognize the system of man-made source of environmental pollution, to be able to prescribe the right medicine to find practical solutions to achieve harmony between man and nature goals.
as a superpower, the United States, the expense of environmental benefits obtained by rapid economic development is easy to understand things, and not only in terms of environmental benefits of the 2003 United States launched its war in Iraq is the most direct driving force energy, in order to develop the economy, has violated the sovereignty to plunder his country's national energy. United States as a typical capitalist countries, the interests of the capitalists will always be slaves of nature. While claiming to be socialist power in China, why the project will appear impermeable membrane storm Yuanmingyuan, the Songhua River pollution incident, Xiamen PX project events, and so concerned with the national economy and a series of environmental pollution incident?
Ma Yin-chu said, housing demand, with the attendant problems arising from the original ecology of the natural environment by human reclamation, reinforced concrete cement replaced by modern architecture, a direct result of damage to the natural balance! However, more fundamental reason is not available in order to explain, because humans and nature can live in harmony, human increased to increase the floor to solve the housing problem, you can also use the family planning measures to control the population.
So, what is the causes of environmental damage was so severe it today?
Second, the environment, serious damage to the root cause analysis
humans and nature can live in harmony, why is our environment today suffer such severe damage it? I think that is mainly based on these reasons. First, the failure to coordinate the relationship between development and the environment; second, the environment is not perfect the legal system itself; Third, a national environmental legal awareness is not enough.
First, the failure to coordinate the development and the environment. Marx's classic statement of the economic base determines the superstructure. This is the introduction of Marxism in China, the biggest contribution to China. Since the reform and opening up, China strongly advocated the development of economic, so-called development is the overriding principle is the leading class in China highlights the However, the Chinese poor and weak, in all respects under the conditions of technology is not mature, dedicated advocate for economic development; the overall quality of the people are in the case of the lower level, encouraging entrepreneurs to increase national wealth; to coordinate economic development and the relationship between environmental protection is very real thing.
Xun Zi said, Newborn babies, will naturally crawl on the mother's arms, to obtain a copy of its life, the first big meals, can be seen for possession and obtain instincts. As the market economy, social and personal subjects, in order to maximize the interests of its nature exposed. In the fierce competition, the entire community at the expense of the environment and the wealth of material for today's meeting; individual was seeking to maximize profit, unscrupulous, intrigues, and set the expense of others and the interests of the country, let alone to achieve sustainable development, environmental protection the.
Second, the environmental legal system itself is inadequate. one after another frequently, as the environment failed to keep pace with the development of the Basic Law. even though there things that damage the environment may not be investigated effectively. The imperfections of the system itself makes a number of enterprises subject to less regulation of the law, its nature is bound to let the expense of the environment in exchange for economic benefits.
human nature is evil, there are desires, so must the rules for regulation. But if the rules is not perfect, it may be too far, but do not bring their own problems. Such as food ingredients, if not the provisions of the standard protein content of milk, maybe it will not appear melamine incident, while the matter itself, the problems exposed by the rules is imperfect in itself, led to unpredictable food pollution. So since such a system designed to improve the design is bound to be seamless as possible. In this, the best example is the United States Constitution, the genius of the framers of Washington, Madison, Hamilton, Jay and others are designed to be seamless to the U.S. Constitution, the founding of more than two centuries, remained intact. And the role of the United States Constitution can be said that more than all the rest.
Third, the national environmental legal awareness is not enough. Different from the moral and legal consciousness itself, but its more likely moral. In the modern legal system, the Fear of First Instance of the Chinese people since ancient times, unwilling to court; and requires a lot of the cost of litigation, the so-called 'bureaucratic character open, rational no money, do come in',UGG boots clearance, that their rights through litigation is not maintained and litigation costs; in the environment category proceedings, there is a state of mind can be shown on the national consciousness of the environmental legal system is weak, the ride, the sewage plant is not only the victims who I always hope to others, all reported that luck, not take law as a weapon, naturally emerging environmental pollution incidents!
addition, the environment suffered serious damage to the system level, there are other factors, such as the operating environment under the impact of environmental law, the judge's own corruption, money and interest rates led to large enterprises to litigation and so on.
Third, from a constitutional point of view to promote the development of China's environmental legal system of the environment in front of
serious damage to the root causes of the most central of these was undoubtedly the reason the legal system itself, the completeness of the environment, and national environmental legal awareness. I think that the constitution as the country's fundamental law, the development of the legal system in the environment play a large role, but there will be greater as.
of 1978 effect. China's current As one of the world of the most serious environmental pollution, one of the countries, environmental protection without delay. The face of natural disasters, we need not tense, without fear of Jingzhi [6], but the most peace of mind to face, because the limited scientific and technological development, the prediction of natural disasters, not enough in itself accurate, let alone on its something we can do is just in harmony with nature. The Constitution expressly state organizes and encourages afforestation, according to China's basic national conditions is written, a poor environment in Northwest China largely because the plant when the area is too small, serious desertification caused huge losses to the state each year. In fact, long been encouraged to plant trees in our history traces, when the Burning of the Books Qin Shi Huang, the scholars who do ruin the book if the book of farming left alone; be a very interesting thing is Deng Xiaoping almost every year to plant trees, that the leaders of the importance of environmental protection, but also to the people that set a good example.
research in modern environmental law, many scholars 'environmental rights' of the concept. And almost reached a consensus, that citizens access to some of the environmental protection of the interests, but is not directly referred to as environmental rights. The main reasons are as follows:
First of all, the Constitution is the fundamental law of the country. Our Constitution is rigid constitution, the amendment procedure than the ordinary laws strictly, so the stability is stronger than the ordinary law. Environmental rights in the Constitution, the right to favor a profound impact on the environment. We know that the Constitution as the fundamental law of the State, its makers, the people, so the changes there is a link to allow full participation in the discussion. During the discussion, the people were greatly mobilized the enthusiasm, the constant discussion, the right environment people can have a thorough understanding of this will also help make people aware of their true masters of the country is conducive to the future exercise and protect their environmental rights.
Second, the Constitution is the law can be implemented. Constitution as the nation's basic law, as early as in the . Our judicial review is not yet established a very important reason is that the Constitution does not achieve justice, but it reached no impact of such an academic consensus that Environmental rights established in the Constitution, but also help promote the cause of China's constitutional development.
Third,UGGs, the constitutional development of the guidance department and the implementation of the law. Environmental rights established in the Constitution, the rule of law contribute to the development of the environment. The Constitution as fundamental law, the legal department of the development of direct guidance, the department shall not contravene the Constitution the law. The present stage in China, from enforcement of the Constitution and the constitutional review of the remaining period of time, the Constitution plays a qualitative role in the Constitution expressly provides the right environment can help departments to develop relevant systems for quantification, and implementation of the right environment Also depends on the individual regulations to make provision.
In short, the environmental rights in the Constitution of the construction and improvement of mobility and play in favor of billions of Chinese people's enthusiasm and remarkable wisdom and sound legal system conducive to China's environment and development.
IV Conclusion
China's environmental problems to be completely resolved, we must start from the system. Only by establishing a perfect system, establish a sound security system, to be able to effectively curb environmental degradation. Bent over backwards to establish environmental rights in the Constitution can be a good guide the establishment of related systems, more conducive to enhancing people's awareness of environmental protection will help people protect their legitimate rights and interests and is conducive to the reasonable and legitimate to limit damage to the environment persons.
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