环境权法律属性新探

New Exploration on Legal Nature of Environmental Rights

随着工业化进程的不断加快,日益严重的环境问题使人们迫切地寻求一种改善生态环境的良好制度,环境权便应运而生。自环境权被提出以来,有关其法律性质等诸多问题并未达成共识,制约了环境制度的及时调整。环境权法律属性之探析,不仅是对环境权基本问题的研究,更关系到环保事业的发展和人类良好生存环境的重建。本研究主张环境权是一项复合型的权利,其法律性质兼具人身权和财产权,并兼具公权力与私权利性质。

With the accelerated process of industrialization,the increasing serious environment made human beings seek a sound system to improve the ecological environment urgently,thus environmental rights came into being.After environmental rights were put forward,its legal nature and other basic questions were still mysteries,which restricted the timely adjustment of environment system.The nature of environmental rights refers to its basic problems and the construction of environmental law,it also links to the reconstruction of our good living environment and the development of environmental protection cause.The author held the view that the environmental rights were complex rights,whose legal nature included personal right and property right,public right and private right.