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公民的良好环境权已逐渐被国际公认为第三代人权,是指公民享有在维持其个体尊严和基本生活品质所必需的安全、健康、舒适和富有美感的公共环境中生活的权利。在公法上确认公民的良好环境权既是必要的,也是可能的,具体方式应是先在宪法中确认公民享有良好环境权,而后在环保基本法和各单行法律法规中规定重要的实体权利和程序权利,并通过行政诉讼、行政补偿等制度对受到损害的良好环境权予以有效的公法救济。
Citizens’ right to a better environment has gradually been internationally recognized as the third generation of human rights. It means citizens have the right to live in a safe, healthy, comfortable and beautiful public environment necessary for maintaining their individual dignity and basic quality of life. It is both necessary and possible to confirm citizens’ right to environmental rights in public law. The specific method is to first confirm that citizens have a good environmental right in the constitution, and then stipulate important substantive rights and procedural rights in the Basic Law for Environmental Protection and the laws and regulations of each individual bank , And through the administrative litigation, administrative compensation and other systems of the right to damage the good environmental rights effective public relief.