浅论环境权私力救济的实现

DISCUSSION ABOUT THE PRACTICE OF ENVIRONMENTAL RIGHT PRIVATE RELIEF

环境权作为一项崭新的基本人权已得到理论和立法的确认 ,有权利就必然产生权利的侵害并进而衍生出权利的保护问题 ,主要是权利受侵害以后的救济问题。如果环境权不能得到有效保护 ,则人类的命运将难以预料 ,丰富和发展环境权的私力救济 ,使之富于可操作性、具体化 。

As a new basic human right,environmental right has been recognized b y both theory and legislation,which results in the harm to the right and then th e relief to it,generally including two sorts:private relief or public relief. P ublic relief, because of the main status of administration authority, has a comp aratively completed system,but the private relief has a poor system on account o f many factors such as the equality of the body,embodied on the weak laws outcom e. However, enriching and developing private relief and making it practical and specific should become the urgent need of completing environmental right theory.