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作为生活利益的环境生态利益自古有之,但其生成为环境公共利益则是在环境危机背景下,通过民众个体诉求、社会普遍认同并最终由法律来加以确认的,而且法律对环境公共利益的确认是依附于承载环境公共利益的客体——“环境”来实现的。与国家环境利益、集体环境利益以及私人环境利益相比较,环境公共利益呈现出主体抽象、利益普惠、内容不确定以及易受侵害等特性。
However, the environmental public interest, which is generated as an environmental public interest, has been recognized by the public in the context of environmental crises and generally recognized by the society and eventually recognized by law. Moreover, the environmental and public interest Confirmation is attached to the object carrying the public interest in the environment - “Environment ” to achieve. Compared with national environmental interests, collective environmental interests and private environmental interests, the public interest in the environment presents the characteristics of the main abstract, the benefits of inclusiveness, the content of uncertainty and vulnerability.