In the sec. XXI as we live in today, unquestionably the environmental protection has become a very important issue for all of us. As one of the world´s factory, the People´s Republic of China suffers many critical, internationals or nationals, both because of the environmental protection issues. Mostly because of this, there is an urgency to make a thorough reform of national laws of environmental protection. In our article, we want do the legal analysis with the aim of showing the clarifiers points though which we try to approve that in China it´s necessary to introduce a constitutional guarantee for the environmental rights for all of the citizens and, in a possible revision to the Chinese Constitution this right should be mentioned as one of the fundamental rights. Our critical assessment is also made to the Basic Law of MSAR (Macao Special Administrative Region)