关键词： 公众环境权, 公众共用物, 非排他性

Abstract: Non-exclusiveness is a core feature of public environmental rights.To adapt to the in-depth development of the theory of environmental rights,we should analyze the essential characteristics of environmental rights from the internal structure,in addition to examining the attributes,content,positioning and other characteristics from an external perspective.Ecological environment has the attribute of public goods,which causes ecological environment governance to be restricted by externality theory and free-rider effect.Because of the public commonality of the ecological environment,the existing environmental rights theories should be transformed in terms of non-exclusiveness and non-competitiveness.The non-exclusiveness of public environmental rights is reflected in the uncertainty of the subject,the non-crowding of the object,the sharing of content and so on.Understanding public environmental rights as the non-exclusive right of the ecology and environment,we may protect public environmental rights from the two perspectives of the non-exclusiveness of the subject and the non-crowding of the object.

Key words: public environmental rights, the commons, non-exclusiveness