2008Journal of Shiyan Technical InstituteRequires access

Discussion on Implement of Environmental Right in View of Setting General Obligations

Wan Ju

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Abstract

On the issue of protection and implement of environmental right,scholars have different opinions.There are mainly two types of representative views: One is that environmental right should be achieved by legislation of Constitution.Environmental right should be specialized into provisions regulated by law,and at the same time,it should be realized by establishing and improving a system of environmental litigation,environmental dispute settlement mechanism and other measures.The other is that environmental right should be achieved by legislating obligations thoroughly,fulfilling obligations by the main body initiatively.This paper,focused on the second view,tries to make a thorough study and put up some initial proposals on how to distribute obligations and how to monitor the main body to fulfill the obligations.

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On the issue of protection and implement of environmental right,scholars have different opinions.There are mainly two types of representative views: One is that environmental right should be achieved by legislation of Constitution.Environmental right should be specialized into provisions regulated by law,and at the same time,it should be realized by establishing and improving a system of environmental litigation,environmental dispute settlement mechanism and other measures.The other is that environmental right should be achieved by legislating obligations thoroughly,fulfilling obligations by the main body initiatively.This paper,focused on the second view,tries to make a thorough study and put up some initial proposals on how to distribute obligations and how to monitor the main body to fulfill the obligations.

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Available abstract

On the issue of protection and implement of environmental right,scholars have different opinions.There are mainly two types of representative views: One is that environmental right should be achieved by legislation of Constitution.Environmental right should be specialized into provisions regulated by law,and at the same time,it should be realized by establishing and improving a system of environmental litigation,environmental dispute settlement mechanism and other measures.The other is that environmental right should be achieved by legislating obligations thoroughly,fulfilling obligations by the main body initiatively.This paper,focused on the second view,tries to make a thorough study and put up some initial proposals on how to distribute obligations and how to monitor the main body to fulfill the obligations.

Key concepts: Legislation, Constitution, Settlement (finance), Business, Environmental law, Right to know, Law and economics, Law

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