Journal of Jishou University(Social Sciences Edition) ›› 2020, Vol. 41 ›› Issue (6): 56-68.DOI: 10.13438/j.cnki.jdxb.2020.06.007

• Special Topic of "Environmental Right" • Previous Articles     Next Articles

On the Subject of Environmental Right:Review and Revision of the Mainstream Theory

YANG Zhaoxia   

  1. (Research Center of Ecological Law,Beijing Forestry University,Beijing 100083,China)
  • Online:2020-11-01 Published:2020-12-25

Abstract: Environmental right is a new type of right whose core content is to enjoy a good environment,and the subject of it mainly is the contemporary natural person.However,in order to prevent contemporary people from conspiring to abuse environmental resources and cause intergenerational environmental pollution and destruction,future generations should also be given limited subject qualifications.A unit is not the subject of environmental rights.Although the production and business activities of some units do need a good environment as an external condition,the unit itself does not have the internal demand to enjoy a good environment;moreover,good environmental conditions can also be protected and realized through other institutional tools such as production and management rights and natural resources rights,so there is no need to give units environmental rights.A state is not the subject of the environmental right,but the obligation subject of the basic environmental right in the constitution.However,at the level of international law,the state not only enjoys the sovereignty over its own environmental resources,but also can become the trustee of its citizens' environmental rights to safeguard the environmental rights and interests of its citizens through national sovereignty and environmental rights trust.Human beings can,but not necessarily become the subject of environmental rights.A natural body cannot and does not need to be entitled to the qualification of the subject of environmental right.

Key words: environmental right, subject of right, citizen, future generations, state

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