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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/30777

    Title: 日本國憲法環境權法理與判例之研究 : 兼論台灣之環境權
    Other Titles: The theories and enforcements of environmental rights of Japanese constitution : Taiwanese environmental rights
    Authors: 羅忠華;Luo, John-hua
    Contributors: 淡江大學日本研究所碩士在職專班
    胡慶山;Hu, Ching-shan
    Keywords: 環境權;公害污染;日本國憲法25條及13條;人民參與;Japanese Environmental Case;environmental rights;international environmental conferences;Japanese Constitution Article 25 and Article 13
    Date: 2006
    Issue Date: 2010-01-10 23:57:21 (UTC+8)
    Abstract: 環境權的理念,雖然從二十世紀七十年代提倡為新的人權至今,已經歷了四十年的光景,但隨著時代的腳步,科技文明的發展,突飛猛進,人類對環境權的認知與實踐似乎瞠乎其後甚遠。過去,環境受到公害污染的深痛教訓,似乎遠遠拋在腦後。為了生存發展,一些龐大的工程計畫、交通建設等等仍在如火如荼的展開,幾次重大的國際會議也定期舉行,但如祭拜節慶一般熱鬧歡呼一場,會後即束之高閣,其影響所及,較之先進工業產品微乎其微。
    Even though the concept of environmental rights merged as part of the human right innovated since 70’s in 20 century, several international environmental conferences instead are taking place like celebration activities in festivals. The ending of these meetings result only in minor constructive far less than the new product development of modern industrial appliances
    In Japan, the whole nation gradually learned the importance of healthy environments and thus established the country’s environment in satisfactory status around the world; that the Environmental Rights concept being formed and adequately promulgated in the national Law Systems counts the accelerator for healthy environment improvements and highly honored achievements. No matter what level of citizen, especially the human right lawyers, judges, congressman, expertise groups, scholars, teachers, officials and etc… Their endless efforts to create better tomorrow turn out to be the focus.
    In this paper, there are two important categories. First of all are the core statements on the formation, characters of environmental rights Japan and her constitution proceedings in Japanese Constitution Article 25 and Article 13, secondly are the references through some Japanese Environmental Cases study and Taiwan’s recent reports on environmental rights.
    Taiwan’s present environments face a lot of different phases of manufacturing and consumption factors and are getting worse by ignorance, manipulation plus erosion disasters. Taiwan’s government policy tends to set up goals for superior living environments, though. In fact, there are difficulties marching forward, the reason mainly result from the insufficient concept of environment rights, in addition to not executing every rules thoroughly.
    In this essay, we hope, by means of Japanese successful formation of Environmental Rights, to remind our people to conceive the rules and importance of environmental rights that we own. Further more. from the legitimate procedure to construct more optimum living condition for the people.
    Appears in Collections:[日本研究所] 學位論文

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