论环境权的性质

Disscussion on the Character of the Environmental Right

通过对环境权理论产生背景的介绍,分析了传统法学理论对环境权性质研究中存在的不足,提出了将环境权分为国家环境权和公民环境权,国家环境权是具有公权性质的以服务为本的权力,公民的环境权是具有私权性质的以参与为本的权利。

The environmental fight is a new fight of the human rights system, to which the environmental crisisleads. Through introducing the background of the environmental fight produce, this paper analyses the restrictions of the tradition legal theories in studying the environmental fight character, and suggestes that the environmental right is divided into the national ＂environmental power and the citizen environmental right. The character of state environ- mental power is the public fight based on service, and the citizen environmental fight is the private right besed on participation.