关键词： 环境权利, 本土化表达, 生态环境法典, 自主知识体系

Abstract: Promoting the localized expression of environmental rights in the new era is the proper meaning of Chinese path to modernization to realize the harmonious coexistence of man and nature.The lack of scientific observation perspective has resulted in the uncompleted task of localizing the expression of environmental rights in the new era,whose solution requires an approach from four dimensions:"concept definition,role positioning,genealogy construction,and institutional shaping." Under the concept theory,environmental rights in the new era are highly abstract and inclusive concepts,including the right to enjoy environmental quality,to use environmental capacity,to participate in environmental protection,and to remedy environmental rights.Under the theory of roles,they belong to a new type of rights system that is highly connected and fundamentally different from traditional civil rights.Not all rights under it can be included in the scope of human rights,and not all can be elevated to basic constitutional rights.Under the pedigree theory,the pedigree of environmental rights in the new era has multiple aspects of primitive pedigree and variable-dimensional pedigree,the former being the true nature of the rights pedigree,and the latter being the disguised form of the rights pedigree.Under the institutional theory,the institutional shaping of environmental rights in the ecological environment code in the new era requires first clarifying which environmental rights clauses should be included in the ecological environment code from a category perspective,and secondly,clarifying the expression of environmental rights clauses included in the ecological environment code from a content perspective.

Key words: environmental rights, localized expression, Ecological Environment Code, autonomous knowledge system