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公民参与环境保护是每个公民的一项基本权利 ,也是公民应尽的义务。但在实践中 ,公民如何真正有效地参与环境保护、环境管理 ,参与环境决策还有许多困难。在法律上缺乏具体行使权利的形式、程序及实体权利的规定。本文从公民参与环境保护民主原则的理论依据出发 ,提出我国法律应明确规定公民的环境权 ,从法律上保障公民环境权具体化和权利实现程序化 ,并建立公民环境行政诉讼制度
Citizens’ participation in environmental protection is a basic right of every citizen and also an obligation that citizens should fulfill. However, in practice, there are still many difficulties for citizens to truly and effectively participate in environmental protection, environmental management and participation in environmental decision-making. There is a lack of law in the form of specific exercise of rights, procedures and substantive rights provisions. Based on the theory of citizens’ participation in the principle of democratic protection of the environment, this paper proposes that the law of our country should clearly stipulate the environmental rights of citizens, safeguard the concrete realization of the right to environmental rights and the procedural realization of rights in the law, and establish a civil environmental administrative litigation system