环境物权是区别于传统物权的新型权利形态。环境物权具有环境功能性物权和环境要素物权的二元结构,但是功能性环境物权一直处在法律系统之外。功能性环境物权具有自然、社会和法律规范技术基础,具有明确的客体、其客体可度量化,符合法律构造的基本条件,可以建构为一种物权形态。 Environmental property is different from the traditional rights of the new forms of rights. The environmental real right has the dual structure of the environmental functional real right and the environmental real right, but the functional environmental real right has always been outside the legal system. Functional environment has the natural, social and legal norms of technical basis, with a clear object, the object can be quantified, in line with the basic conditions of legal construction, can be constructed as a form of property rights.