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环境权是一种新型权利类型,已经为法学界所接受,但是环境权的概念到底是什么,则存在很多争议。对于环境权的理论基础也存在很多说法,学者们各有自己的主张,这些观点主要有人权理论、代际公平理论、公共信托理论等,本文比较倾向于公共信托理论,认为这种理论能比较圆满地解决理论上的难点,并且对于环境法实践也有很大的益处。在环境权保护方面,本文认为主要包括三个方面,即环境立法、环境执法和环境诉讼。针对我国环境公益诉讼缺失的状况,文中认为我国可以考虑建立环境公益诉讼制度以保护环境权。
Environmental rights are a new type of rights that have been accepted by jurisprudence, but there is much controversy over the concept of environmental rights. There are also many theories about the theoretical basis of environmental rights. Scholars each have their own opinions. These views are mainly human rights theory, intergenerational equity theory and public trust theory. This article is more inclined to the public trust theory, that this theory can be compared Satisfactorily solve the theoretical difficulties and also have great benefits to the practice of environmental law. In terms of the protection of environmental rights, this paper considers that there are mainly three aspects: environmental legislation, environmental law enforcement and environmental litigation. In view of the lack of environmental public interest litigation in our country, the article thinks that our country can consider setting up environmental public interest litigation system to protect the environment right.