环境权之法理分析-法学理论专业论文.docxVIP

II II Abstract Since the 20th century, environmental disasters have been frequently occurred, deteriorating human survival environment. In this context, environmental rights are generated, which provides a new opportunity for human responding to the growing environmental crisis. Research on environmental rights in China began in the 20th century 80 years, has yet form a complete theory of consciousness. For the poor and vulnerable theory, which built a series of barrier for the further realization of environmental right. Environmental right, as a new type of right, which is different from traditional types of rights, and can not be completely divided into the system of public and private law rights. Environmental rights, which are started from “society”, taking substantial justice” as the value of the goal, and pointing to “public interest”, and it is consistent with the essential characteristics of social rights, so, the nature of the environment right is social right. As social rights, the subject of environmental rights should be human society. In the environmental crisis, the whole human society and nature are the direct victims, but the nature can not be subjects of the right. In essentially, the rights of nature are a type of moral right, which can not enjoy rights in the law context. Here, the human society” is a holistic concept, can be subdivided into several sub-entities: natural persons, legal fiction as well as the national in the perspective of international law, natural persons including the present and futural generations. The object of environmental rights is the ecological quality of the natural environment. Environmental factors can not be the object of environmental rights, which are the object of resource rights. The “ecological quality of natural environment refers to the natural environment in a balanced state, only in this state, the natural environment can much better play the basic role in survival and development of human society. The conte