一、前言随着经济发展,人口快速成长,环境污染的严重性已不容小觑,单纯以传统的“邻人关系”因应已然不足。此时若无国家介入,则人民难保能免于环境污染的危害,甚至危及其健康权、生存权等基本权利。然而问题是,国家保障义务应保护至何种程度,向来的看法是,国家负有排除或防止人民生命、健康及财产受到重大危害之义务,是 I. Introduction With the rapid economic development and the rapid population growth, the seriousness of environmental pollution can not be underestimated. It is already inadequate due to the traditional “neighbor relations ”. At this time, if there is no state intervention, the people will be protected from the harmful effects of environmental pollution and even endanger their basic rights such as the right to health and subsistence. However, the question is, to what extent should the state guarantee obligations be protected, the usual view is that the state has the obligation to eliminate or prevent the significant loss of life, health and property of the people from being