环境权立法的困境与出路

Straits and Outlet to Environmental Rights Legislation

环境权产生于环境危机时代 ,一开始就面临许多困境。实际上 ,环境权体现的是公民与国家之间的权利义务关系 ,即公民的环境权和国家的环境职责。它已经不同于法学界过去惯常所宣称的权利义务的一致性和对等性 ,而体现为权利义务的错位和不对等性。我国应该走环境权宪法化、具体化和公民权化的道路。

Environmental Rights engenders in the era of environmental crisis with a series of straits. Environmental rights actually reflect the relationship of rights and obligations between government and citizens, that is to say, citizens mainly have environmental rights and government has most of the environmental responsibilities. It is very different from the so called legal tradition that right equals obligation, on the contrary, it embodies unequal and in disorder between rights and obligations. China should take the road of constitutionization, specialization to environmental rights and make citizens' environmental rights come to be true.