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环境危机已经成为威胁人类生存,制约经济发展,影响社会稳定的最直接的因素之一。发达资本主义国家也把公民的环境权上升到宪法的高度。我国现行宪法虽然己在公民权利保障方面取得了一定的成绩,但仍然存在不足之处,比如权利体系较为混乱、部分重要权利存在缺失、权利规范与实际实施效果间存在严重脱节等。因此,我国公民权利的宪法保障仍有待进一步完善。本文从公民环境权的提出和发展着眼,对其内涵进行了较为清晰的界定,分析了在现行宪法中确立和完善公民环境权的必要性,说明了当前公民环境权宪法化的重要性,阐述了对环境权宪法保障的几种实现途径。
The environmental crisis has become one of the most direct factors that threaten human existence, restrict economic development and affect social stability. The developed capitalist countries have also raised the environmental rights of their citizens to the height of the constitution. Although our current constitution has made some achievements in the protection of civil rights, there are still some shortcomings. For example, the system of rights is rather chaotic, some of the important rights are lacking, and there is a serious discrepancy between the norms of rights and the actual effects of implementation. Therefore, the constitutional protection of civil rights in our country still needs to be further improved. This paper focuses on the proposal and development of civil environmental rights, defines its connotation more clearly, analyzes the necessity of establishing and perfecting civil environmental rights in the current constitution, and expounds the importance of constitutionalization of civil environmental rights nowadays Several ways to realize the constitutional protection of environmental rights.