我国环境权立法困境的法理分析——以环境权与财产权的关联为视角

A Jurisprudential Analysis of the Bottleneck Forming in the Legislation of Environmental Rights in China——Relationship between Environmental Rights and Property Rights

目前,我国环境立法、司法以及环境保护的困境都要求环境权的法律确认,但是由于环境权的不确定性、多元属性和权利对抗性导致了其进入立法的瓶颈。借鉴财产权的"权利束"理论,模仿建筑物区分所有权创设环境区分所有权可能是解决以上问题有效路径。

At present, the environmental legislation and jurisdiction as well as the difficulties in the protec- tion of environment all call for the legal confirmation of environmental right. However, due to the uncertain- ty, multi-properties and antagonism of the environmental right, the legislation of it faces a bottleneck. One effective path to solve all the above-mentioned problems is to create the ownership of environment distinction through the reference to the theory of bundle of rights in property rights as well as the imitation of the owners＇ condominium rights.