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人权自产生以来便受到极大关注,随着经济社会的发展,环境权作为一种新型的人权开始受到法律保护。公民环境权的保护源自于民法,然而民法基本法的性质决定了其保护力度上比不上根本法宪法,也存在着较大的缺陷。公民环境权的保护从民法上升到宪法的高度是加强对公民环境权保障的必要途径,也是公民环境权发展的方向所在。本文旨在分析公民环境权的保护由民法层面到宪法层面的必要性,呼吁国家把公民环境权明确纳入宪法保护范围。
Since the birth of human rights, great attention has been paid to it. With the development of economy and society, environmental rights as a new type of human rights have begun to be protected by law. However, the nature of the basic law of civil law determines that the protection of civil law is inferior to that of the fundamental law and that there are still some major defects. The protection of civil environmental rights from civil law to the constitutional height is necessary to strengthen the protection of civil environmental rights, but also the direction of the development of civil environmental rights. The purpose of this paper is to analyze the necessity of protecting the civil environmental rights from the civil law level to the constitutional level, and urge the state to explicitly incorporate civil environmental rights into the scope of constitutional protection.