Abstract：Environmental rights have been widely recognized worldwide and included in many countries' constitutions.Today, The environmental right has become one of the fundamental human rights.However, it is not included in China's Constitution with explicit terms, which will undermine the efforts of other laws to protect the environmental rights of citizens and prevent increasing citizens' enthusiasm for participation in environmental protection.Resulting from the deteriorating environment in China, the constitutionalization of environmental rights reflects the requirements of the basic properties of environmental rights and serves the purpose of sustainable development.The author suggests that the environmental rights be acknowledged in China's constitution with explicit terms and included in Chapter II of the Constitution, and the Environmental Protection Act amended to establish the institution of unconstitutional censorship and constitutional litigation of environmental rights.

Keyword：environmental rights;constitution;sustainable development;