论文部分内容阅读
环境权是环境法的灵魂,是环境立法、执法和司法的基础,也是公众参与环境保护和环境公益诉讼的基础。①然而,国外关于环境权的立法多停留于宣示性的规定,我国的环境权法制建设则尚未真正开始。究其原因,最根本的是,迄今为止还未形成科学严谨的环境权理论,不能为相关制度建设提供坚实的理论支撑。以下试以人类文明的变迁和新型权利的兴起为视角,对环境权概念的产生和权利构造问题进行思考和探讨。一、环境权产生的历史逻辑文明,经常与物质条件的进步和道德水准的提高紧密相连,总是
Environmental rights are the soul of environmental law, the basis of environmental legislation, law enforcement and judiciary, and also the basis for public participation in environmental protection and environmental public interest litigation. However, the legislation on environmental rights in foreign countries rests more on declarative provisions, and the construction of legal system on environmental rights in our country has not really started yet. The reason, the most fundamental is that so far has not formed a rigorous scientific environmental rights theory, can not provide a solid theoretical support for the construction of the relevant system. The following test to the changing of human civilization and the rise of new rights as the perspective of the concept of environmental rights and the right to construct the issue of thinking and discussion. I. The Historical Logical Civilization Produced by Environmental Rights is often closely linked to the progress of material conditions and the improvement of moral standards.