论生态权益人权化的正当性与合法性

On Justifiability and Legality of Ecological-Right-as-a-Basic-Human Right

我国宪法未明确把生态权益确立为一项基本权利。生态权益是维护人类生存与发展的基本需要,符合宪法中基本人权的确立标准。生态正义理论旨在保障人与人之间能够平等地分配环境利益与负担,将生态权益人权化是生态正义理论的本质要义。把生态权益在宪法中明确为一项基本权利并付诸司法实践,目前已成为世界各国的立法趋势。生态权益人权化做法既具有正当性,也具有合法性。

The ecological right is not established as a kind of basic right in Constitution of the People’s Republic of China. Ecological rights are the basic needs of safeguarding human survival and development. It complies with the established standards of basic human rights in the constitution. The theory of ecological justice aims at ensuring the equal distribution of environmental benefits and burdens among people. Turning ecological rights into human rights is the essential meaning of ecological justice theory. At present, it has become the legislative trend of countries all over the world to define ecological rights as a basic right in the constitution and put it into judicial practice. Establishing ecological rights as a basic right in the constitution has both legitimacy and legitimacy.