The Constitutional Construction and Refinement Pathways of Environmental Rights in China's Legal Development: A Comparative Study Based on Chinese and French Models of Environmental Rights Protection

DOI: https://doi.org/10.62517/jel.202614313

Author(s)

Yuchen Yao

Affiliation(s)

Shanghai University of Political Science and Law, Shanghai, China *Corresponding Author

Abstract

This paper examines the constitutionalization of environmental rights in China in the context of their growing recognition as human rights and the advancement of ecological civilization. It analyzes the nature and theoretical challenges of environmental rights, as well as the practical need for their legalization. Through a comparative study of the French model, the paper highlights key institutional experiences. It argues that China should adopt a gradual approach by transforming existing constitutional provisions into rights-based norms, establishing a framework combining substantive and procedural rights, and strengthening judicial protection. By adapting foreign experiences to domestic conditions, environmental rights can evolve into enforceable fundamental rights.

Keywords

Environmental Rights; Constitutionalization; Comparative Law

References

[1] see Chen Xinmin, Fundamental Theories of German Public Law (Vol. II), Shandong People’s Publishing House, 2001, pp. 687-703 [2] see Charlotte Towle, Common Human Needs: An Interpretation for Staff in Public Assistance Agencies, Social Work and Social Casework, Vol. 1, 1945, p. 12 [3] see Zhang Zhen, “A Normative Analysis of the ‘Obligation to Receive Education’ in China’s Constitutional Text-Also on the ‘Mengmutang’ Case,” Modern Law Science, No. 3, 2007, pp. 23-24 [4] see Zhang Zhen, “The Claim-Right Function of Environmental Rights: From Theory to Practice,” Contemporary Law Review, No. 4, 2015, p. 22 [5] see Wu Weixing, New Developments in Environmental Rights Theory, Peking University Press, 2018, pp. 219-221 [6] see Wei Shijing & Fan Xingjia, “A Cold Reflection on the Constitutionalization of Environmental Rights,” Western Law Review, No. 3, 2020, p. 117 [7] see Wu Weixing, “A Review, Reflection and Prospect of Thirty Years of Environmental Rights Theory in China,” Law Review, No. 5, 2014 [8] Code de l’environnement [9] commonly referred to as the “Barnier Law” [10] see Loi n 95-101 du 2 février 1995 relative au renforcement de la protection de l’environnement [11] see Peng Feng, The Myth of Codification: A Study of French Environmental Law, Shanghai Academy of Social Sciences Press, 2010, pp. 112-120 [12] see Michel Prieur, “Promesses et Réalisations de la Charte de l’Environnement,” Les Cahiers du Conseil Constitutionnel, No. 43, April 2014, p. 11 [13] see Jacques Chirac, “Message read at the Colloquium of the Court of Cassation, 20 June 2005,” Revue Juridique de l’Environnement, Special Issue 2005, p. 24