The concept of environmental rights and Reconstruction of Reflection

[Paper Keywords] environmental rights Environmental rights Environmental rights Environmental rights of the main concepts of object reconstruction
[Abstract] the concept of environmental rights in the Construction of China, its content should not include the development and utilization of natural resources, the right to procedural environmental rights should be excluded from the environmental right, the right to pay attention to the environment is only part of the right environment, and do not should be extended to the natural environment right of the main body. the environment is taken under environmental Law, citizens, legal persons and other organizations to enjoy their living environment suitable for the rights of the ecological environment, including the right to clean air, clean water right, the right cleaning products, environmental the right aesthetic, environmental and cultural rights, the right of the right of sunshine, peace and the right environment and outdoor recreation rights.

The right to both a new environment, is the development of important legal rights is a core issue of environmental Law, environmental legislation and enforcement, environmental management and the basis for litigation, environmental Law is the core and foundation of the theory. From the 20th century, 80 early, Professor Cai Shouqiu In "" China Social SCIENCES "> on the Publication" "Environmental rights of>> the article has the right environment, environmental Law become a hot topic in academic circles and the focus. the author in the" "China Academic Network>> input on the "environmental rights" as a keyword search, query to a Research paper on environmental rights in the one hundred or more. In addition, in recent years, academic works and teaching of environmental Law, many scholars have opened up a chapter or post- section on environmental rights. the right to Research results in quite good for the environment at the same time happy, I also deeply appreciate the rights of the plight of the environment. in which the concept of environmental rights (including the connotation and extension) to study the generalization, fuzzy, heterogeneous environmental rights of the plight of one of the important Research, but also environmental rights of the bottleneck. the concept of environmental rights is the cornerstone of building the right environment, but also the logical starting point of environmental rights. However, theoretical concept of the right for the environment sector have different opinions, yet form a unified understanding. In my opinion, to clarify and define the concept of environmental rights, but also a clear concept of environmental rights, it is the right of the environment a top priority.

First, I am from the mother's sister who, as good almost apricot bars suck read release
80s from the 20th century, scholars of environmental rights of the theory of a lot of Research work, but the concept of the environmental problem is not the right to reach a consensus, the right to put forward the concept of all kinds of environments.

(A) May Bu Bu autumn months due to strong to persuade the right to ask the ring memory address translation
Wuhan University Professor Cai Shouqiu jurisprudence is the right theory of the earliest scholars of the environment. Professor Cai Shouqiu advocates, environmental rights are subject to environmental laws and relations of its survival and development of the basic rights enjoyed by the environment and commitment to the basic obligation "Relations of the main environmental laws have reasonable rights of access to suitable environment, but also the obligation to reasonably protect the suitable environment," simply is "the main relationship between environmental laws have the right to enjoy the environment, but also the obligation to protect the environment '.

(B) of the LV due to strong interest cloth strange to persuade the right to ask the ring memory address translation
In Professor Lv Zhongmei view, the environment is the right not to be citizens in environmental pollution and destruction of environmental resources to survive and the right to use. This right includes four meanings: first, the environment, including the present and the main body of the right future generations. because the earth is not the ancestors left us, it belongs to our future generations, environmental rights should be shared present and future generations. Secondly, the object of environmental rights, including the human environment as a whole. It includes elements of the natural environment and man-made environment, but also includes elements of the environment posed by the functions and effects of environmental systems, such as eco-efficiency, comfort and beautiful environment. Third, the environment right is a general right, it can cite the specific. If some states in the United States Constitution will be made specific to environmental rights provisions, including the right to clean air, clean water right, right from excessive noise, landscape right, the right landscaping, etc.; in Japan, listed a number of environmental rights jurisprudence including the right to clean air, clean water right, the right scenery, quiet power, right view, right ventilation, sunshine rights. Fourth, the environmental right is the corresponding rights and obligations. Protecting the environment is the right of every citizen, is also obligation of every citizen in the enjoyment of the right environment, the obligation to protect the environment at the same time commitment is the basic requirements of the modern concept of rights. f21 understanding based on the above four aspects, Professor Lv Zhongmei that the right of citizens of the environment should include the right to use the environment, information, participation, and by Environmental Protection violated the rights of the request to the relevant authorities.

(C dagger), long on the main livelihood of the people due to devaluation of the Soviet Union advised not book a few of the indisputable power of cold
In Professor Chen Quansheng view, the concept of environmental rights should be: the relationship between the main body of environmental laws have appropriate health and good living environment, and the rational use of natural resources, basic rights. In which health and a good standard of living environment through environmental quality standards or pollutant emission standards, and rational use of environmental resources by the scale, you can declare permits and environmental impact assessment review to grasp, and thus the right to define the scope of legal protection the environment are: the relationship between all the main environmental laws are entitled to without a certain degree of environmental pollution and damage to survive and, to some extent, the use of environmental resources.


(D) next month, 'advised due to devaluation of the Soviet Union did not book the main cold stages of the indisputable power
Tsinghua University, Professor Wang Mingyuan that should be both physical significance and meaning of the program from two aspects to understand and grasp the environmental rights and Environmental Protection, the importance of environmental tort relief. Although the right to build physical significance of the environment, especially in private law direct purpose of the right environment and build process right sense of the ultimate goal of Environmental Protection of environmental rights, "prevention", thereby protecting personal rights and property rights, but on the whole, substantive environmental rights can not be with the original private law legal system, especially the full compatibility, it is difficult to play a wide range of effectiveness, and procedural environmental rights can be passed into the main body of environmental law - Environmental prevention of legal system, legal system and other environmental management and in Environmental Protection and environmental tort relief flourish.

(Since then) Lee advised mediated Last persuade owed primary demoted Su is not the book electric cooling stages of the indisputable Kunming Li Ding University, Professor Li Xikun in accordance with national law, relevant regulations and environmental rights theory, Basic Theory of principle, the environmental right is defined as: environment for its survival the main legal relations, the development of the basic rights enjoyed by the environment and the basic obligations that the relationship of the main environmental laws have the right to enjoy favorable environment, but also the obligation to protect the environment. This concept includes the following meanings : First, the environment right is a legal right to the environment; second, the environment is a fundamental right of the unity of environmental rights and obligations; the third, the environment is a basic right to legal rights of the environment; Fourth, environmental law obligations is to achieve the right environment prerequisite.

From the above, the right environment can be seen in various studies, scholars from the respective disciplines of academic positions and the environmental advantages of the concept of rights is explained. However, the lack of a sense of views are needed to improve. I believe that the concept of environmental rights should be designed to follow the status of environmental law, environmental law in the context of the definition of environmental rights.

Second, the environmental right shall consider factors including your self-defined
Scholars from China's interpretation of the concept of environmental rights, we can see that the concept of environmental rights have expanded the scope of connotation and extension of the trend. However, the scope of environmental rights is definitely not a hodgepodge of everything right. The more the right environment are numerous and the more vague connotations of their rights, it is difficult to get academics, legislators and law enforcement recognition. This is the traditional theory of environmental rights is often questioned by others, deny the plight of the important reasons for leave. On the contrary, environmental rights should be a rigorous internal logic and environmental characteristics of the independent legal system of rights, that the rights of environmental law. the environment should cover the range of rights, the adjustment can not exceed the scope of environmental law. While Researchers should be thinking beyond traditional law bound to try to establish a new theory and find new ways; but more should be combined with the characteristics of environmental law, research and design a system with the other significant difference between the right environment for the right system, it is no longer dependent on the rights of other traditional lineages. and such a design should be able to provide for the real world can solve the practical approach of the specific social issues. Law is an applied science, of social criticism and to promote the rule of law is certainly progress in the mission of Jurists; but the critical social and Construction social ideal is relatively easy, and the improvement of first social system have to tough more. in the environment right design, the same is true. f} l Professor Zhou Xunfang criticisms and suggestions are pertinent. China's current environmental rights of the existence of the study generalization of the problem, that many scholars given the right environment, high expectations, environmental rights as an important way out for environmental issues. In some scholars, environmental rights is a big bag, environmental rights, the rights of traditional rights in the Canadian pedigree word on the environment had loaded into it. I think this is not conducive to the health and development of environmental rights, and not conducive to independence and development of environmental law, environmental law with the environmental characteristics of the independent right to an important indicator of Civilization and the rule of law, but also the environment Law is an independent important symbol of the legal department. Therefore, in constructing the concept of environmental rights, we must note the following factors.

(A) of the ring a few months of cold and electricity when}} -. CAFE. #} From} f, information on identified focus on the L and Lee Bu. With only a few self-absorbed study of cold
In Professor Chen Quansheng view, the right environment includes not only the relationship between the main body of environmental laws have appropriate health and good living environment, including the rational use of natural resources and basic rights; Professor Lv Zhongmei also believes that the right of citizens of the environment should include the right to use the environment. However, I believe that this view is questionable. First, the development and utilization of natural resources is essentially a property rights and property rights, belong to the traditional areas of Civil Law. Although the times and social development, based on Environmental Protection and public interest considerations will have their limitations, but its essence has not changed, still belongs to property rights and property rights. Our primary stage of socialism, resources, legal resources in particular have serious scarcity of the same object repeated violation of economic principles to adjust. Second, natural resources development and utilization of established rights and environmental right mind is a contradiction. ($ 7, we know that environmental pollution and destruction is the main cause of human environment, and environmental pollution and destruction and people over-exploitation of resources associated with each other. the right to development and utilization of natural resources are economic rights, despite various limitations, but its values still dominated economic interests; ecological environment right is right, emphasizing the the right of the main ecological benefits the environment, and its value orientation led to ecological benefits. In summary, I believe that the right meaning of the environment should not include the development and utilization of natural resources rights.

(B) of the book Power Su Yi JL $ -. CAFE cold when few who 'out of Hong Tuen power seven months with the Ting Su electric cooling is not the book Righteousness
Professor Wang Mingyuan that substantive environmental rights include not only rights, but also procedural environmental rights, such as environmental right, the right of environmental litigation, environmental participation and environmental compensation rights. I believe that view is worth exploring. Environmental procedures rights are the rights of substantive protection can be realized, and now many countries the right from the design of these programs to achieve environmental rights of citizens. However, I believe that the procedural rights of these environments is the environment right out of the two environmental rights derived is Pedigree of the environment of traditional rights. and this set of rights can be derived from the rights of many entities, such as the right to vote of citizens right to information can be derived elections, electoral participation, electoral rights of action, such as the right of compensation and litigation. Therefore, this series rights are not unique to environmental law, not the substance of the embodiment of environmental rights. So I believe that the environment should be the procedural rights of exclusion in the environment right away. reposted elsewhere in the Research Papers Download http://www.hi138.com (c b) whether the right mirror puppet BU bad bad microscopy in the right account
Some scholars believe that the environment is the right relationship between environmental laws on the subject of environmental law in the sum of the rights and obligations. I believe that this view is inappropriate. Environmental rights and environmental rights are two different concepts of extension, speaking from logic, two included between a real relationship, that environmental rights contained in the environmental rights and environmental rights including the right environment. environmental rights is only part of environmental rights, environmental rights in the rights of other components, if any, are environmental supervision and management some belong to the environment right of action, some of the legislative power belongs to the environment, and some are environmental justice rights. In addition, our natural resources include environmental law is the law, then the law of natural resources, the resource tenure system and the benefits system, notwithstanding the use of environmental law on the right, but it belongs to the range of adjustment of property law, natural rights do not belong to the environment. Therefore, the environment on the right is different from the rights of environmental law, and its extension to be much smaller.

(D) the right of the main bad mirror should include natural body
As the relationship between man and nature, increasing tensions and contradictions of the prominent, people began to conduct their own deep reflection and criticism. Theories of the origin right from the environment and national judicial practice situation, the right to show the widening scope of the subject trend, in this context Many scholars believe that the main environmental rights should be extended to the natural body. so-called natural rights of the body, also known as environmental rights, including the natural rights of the individual and the natural whole, such as animal rights, plant rights, the rights of non-human beings, the natural body's rights and the rights of nature. [9] I do not agree to extend to the natural environment right of the main body, in my opinion, in environmental law, animals, plants, natural body and so can not become the main body of environmental rights, environmental rights can only be the object and the object of ecological and Environmental Protection. For example, in Yunnan Xishuangbanna region of China's elephants often against the phenomenon of local farmers, according to the main theory of the natural body, the elephant is a violation of the subject, violations should bear their own legal liability, but the elephant often things happen against the farmers, but did not take responsibility for a case of an elephant. This is because only the object of a legal subject qualification can only be liable for their actions and the elephant as an animal can only be the object of legal relations, so I do not have the ability to assume responsibility. Therefore, I believe that given the current legal right of the natural body to the environment, not only does not work in theory, but in practice can not get rid of its their plight, and the main object of the Pan will lead to unnecessary confusion.

Third, the sister bar night club female apricot Reconstruction of Science
Nationality is one of the distinct personality of the legal system. Friedman once said, "People can talk about legal culture on many levels, each country has a legal culture and nation, and every country or society has its own legal culture, and no two are completely similar. Chuan Do German historical school of law in Savigny argued that "the law with the language, is 'national spirit', one of the important forms of expression. This deep thoughts at least contains the view that the law was much more than rules and regulations or the accumulation of judicial precedents, it reflects and shows an overview of this culture. ethnic or spirit of the people include all the ethnic history, but also the social groups to survive through its own process of retrospective The collective experience gained. any time of national or public record laws is only an always changing the static representation of the process of cultural evolution. rr [97 Sabouraud here to say the nationality of the legal system were Enemy classic reference. left the nation and culture, we will not understand any particular legal system. Similarly, left the national history, left the local rule of law and resources, we are certainly not scientific definition of environmental rights. environment right features with the nationalization . environmental rights are not conceived out of thin air, but in every nation, every country on the basis of existing environmental laws summary evolved. Thus, despite the development of environmental rights legislation the trend of globalization, however, countries environmental rights are still inevitably have the characteristics of the nation. environmental rights by a country's overall level of economic development, cultural tradition, political system and other factors. contradiction between environment and development, cultural diversity and cultural diversity, the contradictions become The basic constraints of environmental rights.

Environmental rights in a reasonable legislative and learn from foreign experience and the combination of theory on the basis of environmental legislation, taking full account of environmental considerations right conditions, we believe that environmental rights can be defined as: the environment environmental law is the right of citizens, legal persons and other organizations to enjoy their living environment suitable for the rights of the ecological environment, including the right to clean air, clean water right, the right cleaning products, environmental aesthetic power, environmental and cultural rights, the right of the right of sunshine, peace and the right environment and outdoor recreation such as the right .

First, the environmental right is the right of environmental law. We usually have the rights referred to three implications that should be natural rights, legal rights and the rights of the Real. Should be the right course refers to the intrinsic value of things The purpose of the decision and their own rights, it reflects the natural, nature or the objective laws of natural justice and reflects the people's understanding of natural legitimacy; legal rights under the legal recognition and rights, which directly reflect the current legislators will; the Real refers to the statutory rights of the right to life and reality of implementation. I believe that the sense of environmental rights more than from the moral, ethical or religious ought to be level, but on environmental law. From a legal sense, the law is the law created the right basis. Therefore, environmental law is the basis of the environment arising from the right, there is no environmental law environmental law is not the right to produce.

Second, the environmental rights of the subject. Theories of the origin from the environmental rights and national legal practice in the real situation, the right of the main body of the environment should be only citizens, legal persons and other organizations. Mr. Ye Junrong environmental rights of the United States made a theoretical background of the rise of depth analysis: "the end of the sixties and early seventies Civil rights voices around, the government and society in general harbor distrust of big business. Many came to light on the nature and the warning was emerging, and the concern by the public . that time is also a technological pessimism (technological pessimism) of the peak, people generally do not harbor a sense of security all around, on the ability of government to solve social problems and sincerity, but also extreme distrust. In such a 'crisis of confidence' high case, is naturally keen to hold high-level and the sanctity of the right to be protected. In the field of Environmental Protection, it is not hard to imagine persons determined to claim the rank of a constitutional environmental rights, to 'lock' Government the blind and business development activities of the joint. chuan '") from Mr. Ye Junrong the analysis, the environment of a right is based on a suspicion of government power, the environment is to the right environment for the purpose of setting up the right to limit state power to ensure that the rights of citizens achieved. State management of environmental resources and the power of intervention should be satisfied that the person the right to national sovereignty and the rule of the vision, it does not belong to the scope of environmental rights. As mentioned above, natural body should also be excluded from the environment outside the main body of the right.

Third, the environmental rights of the object. The object of environmental rights is the right environment, the rights and obligations of the main points to the object, also known as "the object of legal relations environment" or "environmental rights object." Object is the right environment for the survival of mankind and directly or indirectly affect the development of various environmental factors, and by various spheres of these elements constitute, as the atmosphere, hydrosphere, soil, biosphere and lithosphere. which environmental factors can be divided into two groups: natural environmental factors, such as air, sunlight, water, forests, etc.; second factor is the artificial environment, such as human cultural heritage, historical sites, parks and so on.

Fourth, the environmental rights of the content. Environmental rights is a form of right, it is not that a kind of specific rights, but citizens concerned with the environmental resources of the collection of ecological rights. The environment is very rich content of the right is series of ecological environmental rights, specifically including the right to clean air, clean water right, the right cleaning products, environmental aesthetic power, environmental and cultural rights, the right of the right of sunshine, peace and the right environment and outdoor recreation such as the right and the right of the contents of the environment with the development of the society continuously enriched and developed. reposted elsewhere in the Research Papers Download http://www.hi138.com