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环境权作为一项新型权利,自欧洲提出至今已经五十多年,为世界所接受已经四十年,在我国开始研究已经三十年。半个世纪以来,世界范围的环境权运动影响巨大,但在发达国家与发展中国家却遭遇不同的结果。三十年来我国学界对环境权的研究成果日渐丰富,多数学者主张环境权应当入宪,但鉴于我国宪法修改与实施的现状,环境权入宪难以实现并解决现实问题,应当以环境保护基本法规定公民环境权,并确立相关制度加以保证。
Environmental rights, as a new type of right, have been proposed in Europe for more than 50 years now. It has been accepted by the world for 40 years and has been undergoing research for 30 years in our country. For half a century, the worldwide environmental rights movement has had a huge impact, but it has encountered different results in developed and developing countries. In the past three decades, the academic achievements of environmental scholars in our country have been increasingly enriched. Most scholars advocate that environmental rights should be incorporated into the Constitution. However, given the status quo of the constitutional amendment and implementation of our country, it is difficult to realize and solve the problems of reality by incorporating the environmental rights into the Constitution. Civil environmental rights, and establish the relevant system to be guaranteed.