DEVELOPMENT OF ENVIRONMENTAL RIGHTS IN CHINA: SUBSTANTIVE ENVIRONMENTAL RIGHTS OR PROCEDURAL ENVIRONMENTAL RIGHTS

• Published in: Frontiers of law in China 2017-01, Vol.12 (1), p.24-56
• Main Authors: Xiao, Zhu, Shenghang, Wang, Ehemann, Eva-Maria
• Format: Article
• Language: English
• Subjects: Citizen participation; Environmental conditions; Environmental protection; environmental right; Hearings & confirmations; Human rights; procedural right; substantive right; 专家; 中国; 中心问题; 健康; 学术界; 实体; 环境权益; 程序性
• ISSN: 1673-3428; 1673-3541
• DOI: 10.3868/s050-006-017-0003-6

The relationship between environmental and human rights is very significant. On this basis, humans shall have the right to claim to live in a healthy environment. In China, the study of environmental rights began in the 1980’s. After more than thirty years of discussions on environmental rights, there are a series of environmental rights theories in China. However, scholars have not formed a consensus on some fundamental theories of environmental rights. Moreover, some experts consider that environmental rights include substantive environmental rights and procedural environmental rights, whereas others argue that environmental rights only include substantive environmental rights. Furthermore, the nexus and difference between the right to environment and environmental rights are not clear. “Environmental rights” are treated as a broad concept, its scope includes all rights which are related to the environment. They certainly do not only include substantive, but also procedural environmental rights. Even though the introduction of substantive environmental rights has faced both legislative and practical difficulties, the topic has become a central issue in Chinese academic research.