环境权探索及其保护进路

Exploring and Protecting Environmental Rights

环境问题从人类进入工业社会以来便一直与人类社会发展相伴随,且愈加严重,环境权由此成为学界关注的热点。环境权是宪法权利还是具体权利,环境权的主体、客体、内容为何?环境权与其他权利的界限如何划定?可谓众说纷纭,尚不能明确回答。但环境之保护无暇坐看百家争鸣,可退而次之,通过公民提起环境公益诉讼的方式暂时弥补环境权定性不明带来的维权缺位问题,实现环境权益的保护救济并向环境权的直接保护过渡。

Environmental problems have been associated with the development of human society since the beginning of the industrial society, and the environmental right has become a hot topic in academic circles. Environmental right is the constitutional rights or specific rights? What's its subject, object and content of environmental right? How to delimit the limits of environmental right and other rights? All these are controversial and cannot be answered. But we have no time to sit watching the contention of a hundred schools of thought. We should temporarily make up the vacancy of rights protection caused by the uncertainty of environmental by the way of conducting environmental public interest litigation by citizens, so as to achieve the protection and relief of environmental of rights and change over to the direct protection of the environment right.