论环境人格权的构造与应用场景——基于人权的环境人格利益分析

On the Construction and Application Scenarios of Environmental Personality Rights——Analysis of Environmental Personality Interests Based on Human Rights

源于人权的环境人格利益,体现了生态秩序、生态正义、生态自由的多重价值,与生命权、健康权的保护密切相关,关涉民事主体的人格尊严与人身自由,符合人格权的形式标准与实质标准,应纳入人格权保护范畴。环境人格权的构造与应用面临环境人格利益保护存在主体片面性、客体局限性、责任滞后性等瓶颈问题。环境人格权应反映现代人权的发展需要,以民法典绿色原则为依据,拓展其内涵权能范围,遵循体系化、类型化、系统化的保护路径,彰显民法典和环境法以人为本的价值理念。

Environmental personality interests based on human rights reflect the multiple values of ecological order,ecological justice,and ecological freedom,and are closely linked to the protection of the right to life and the right to health.They are also related to human dignity and personal freedom of civil subjects and conform to formal and essential standards of personality rights,which should be included in the scope of personality rights for protection.The construction and application of environmental personality right faces bottlenecks such as partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality right.Environmental personality right is supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the green principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.