法律上环境权范畴的界定

Elaboration on the Environmental Right in Legal Science

将环境权作为一种应然的道德权利,已经在学界达成共识;而将其作为一种应然的法律权利则面临诸多困境。其原因在于法律上环境权的范畴界定不清,尤其是环境权利的权利主体、权利客体、权利内容不明且不具有法律上的可操作性。环境权作为生态文明时代的一种新型权利,具有不同于既有权利谱系的典型特征。

The related argument has been continuing since the concept of environmental right was put forward. It is a common understanding to take the concept as one kind of moral rights in academic circle. However, taking it as one kind of legal rights is confronted with many challenges. This is rooted in the fact that the category of environmental right is not clear in the law, especially its subject, object and content, which leads to the lack of operability in law. As a new type of rights in the times of ecological civilization, environmental right distinguishes it self from other rights.