Journal of Jishou University(Social Sciences Edition) ›› 2022, Vol. 43 ›› Issue (3): 78-86.DOI: 10.13438/j.cnki.jdxb.2022.03.009

• Law • Previous Articles     Next Articles

On the Rights of Nature and Their Protection

WANG Shuyi,WANG Meng   

  1. (School of Law,Shanghai University of Finance and Economics,Shanghai 200433,China)
  • Online:2022-05-01 Published:2022-06-20

Abstract: Whether the rights of nature can be confirmed in environmental law is a topic that has been discussed in the field of environmental law in recent years.Limited by the prejudice of anthropocentrism,traditional jurisprudence denies the existence of the rights of nature from the theory of rights and obligations and legal relations.In the report of the 19th CPC National Congress,it is put forward that "man and nature are the concept of life community",which reinterprets the subjective status of nature from the perspective of the integrity of human and nature and provides a theoretical basis for the legalization of the rights of nature.In view of the lack of legal norms of the rights of nature in our country and drawing lessons from the practical experience of foreign countries in the protection of the rights of nature,and based on the principles of natural reciprocity and risk prevention,China should adopt the agency system,public trust system and public participation system in practice,attaching importance to the remedy when the natural objects are damaged,advocating nature court,and constructing the Chinese way to build the concept of the rights of nature in the community of human and natural life.

Key words: human, nature, natural objects, rights of nature, community of human and natural life

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