Content of Special Topic of "Environmental Right" in our journal

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    The Strategy of Governing the Frontier Areas of China's Ancient Dynasties and Its Contemporary Value
    FANG Shengju, LI Jiao
    Journal of Jishou University(Social Sciences Edition)    2021, 42 (1): 43-51.   DOI: 10.13438/j.cnki.jdxb.2021.01.006
    Abstract2163)      PDF(pc) (750KB)(364)       Save
    Strategies are continual,stable and institutional.In the ancient dynasties of China,due to the need of effective governance in the vast frontier areas,a rich strategies governing the frontiers areas were carried out.Embodying political wisdom of the ancient politicians and thinkers,these strategies have played an important role in governing the frontier areas of China's ancient dynasties.This paper sorts out and summarizes the strategies of governing the frontier areas of China's ancient dynasties,which mainly include the strategies of building and controlling the frontier government,of reclamation and settlement,of exchanging trade,of integrating culture and education,of strengthening the army,of developing transportation,and so on.At present,the frontier governance in our country is still weak,restricting the modernization of national governance.In order to make up for the weakness,we must strengthen the frontier governance in an all-round way,drawing rich political wisdom from the ancient strategies of governing the frontier areas.
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    Slogans:A Special Way of Governing the Frontier Areas
    SUN Baoquan
    Journal of Jishou University(Social Sciences Edition)    2021, 42 (1): 52-58.   DOI: 10.13438/j.cnki.jdxb.2021.01.007
    Abstract1471)      PDF(pc) (685KB)(386)       Save
    In the frontier areas,the content,form,reference,function and path of slogans are different from those in the mainland,which constitutes a specific cultural phenomenon and governance tool.Slogans in the frontier areas function to warn frontier-related behavior,publicize national policy and legal system,spread frontier-guarding idea,create an atmosphere of management and control,and declare national sovereignty.At the same time,as a political symbol,they embed the will and influence of the state into the marginal areas,being a special form of state presence and construction in the frontier areas.By carryingout the above governance functions,small slogans can often reflect big problems.From this minor perspective,we can see that China's frontier governance contains the inherent logic of dual governance orientation,diversified governance subject,compound governance path and differential governance policy.
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    Journal of Jishou University(Social Sciences Edition)    2020, 41 (6): 38-38.  
    Abstract530)      PDF(pc) (374KB)(213)       Save
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    A System Study on Environmental Rights from the Perspective of Environmental Nuclear Rights and Environmental Bundle Rights
    ZHANG Zhen
    Journal of Jishou University(Social Sciences Edition)    2020, 41 (6): 39-47.   DOI: 10.13438/j.cnki.jdxb.2020.06.005
    Abstract904)      PDF(pc) (674KB)(244)       Save
    The incorporation of ecological civilization into the Constitution and the promulgation of the Civil Code have raised people's expectations of environmental rights.However,in practice,we should avoid the excessive generalization of environmental rights in argumentation,fully understand the irreplaceable and unique value of environmental rights,identify rights related to the environment but not unique to environmental rights,and clarify the nuclear connotation of environmental rights.From the norms and social functions of environmental rights,we may conclude that environmental rights should be taken seriously again,and the process of its constitutionalizing should be accelerated.
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    How Individuals Right of Clean Air Become Possible:Comment on the Constitutional Expression of Environmental Rights
    WANG Xiaogang
    Journal of Jishou University(Social Sciences Edition)    2020, 41 (6): 48-55.   DOI: 10.13438/j.cnki.jdxb.2020.06.006
    Abstract1155)      PDF(pc) (611KB)(340)       Save
    Both Neil McCormick and Joseph Raz advocated that clean air could not become the object of individual rights.In contrast,DeniseRéaume,Jeremy Waldron and Andrei Marmor held opposite ideas.First of all,we should distinguish between "enjoyment" and "generation" of public goods.Secondly,we should distinguish between the public goods enjoyed independently by the individual and that shared by the collective.The non-exclusivity of enjoyment and the collectivity of enjoyment are two different characteristics.The non-exclusiveness of public goods does not prevent some public goods from becoming the object of individual rights.Whether the individual can enjoy some kind of public goods independently is the key to determine whether it can become the object of individual rights.As clean air and other public goods have individual independent enjoyment,individual citizens may theoretically have the right to clean air and other public goods.We can prove the existence of individual environmental rights through the interest theory of rights.Therefore,there should be no theoretical problem to include environmental rights in The Fundamental Rights and Duties of Citizens,in Chapter II of the Constitution.
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    On the Subject of Environmental Right:Review and Revision of the Mainstream Theory
    YANG Zhaoxia
    Journal of Jishou University(Social Sciences Edition)    2020, 41 (6): 56-68.   DOI: 10.13438/j.cnki.jdxb.2020.06.007
    Abstract1277)      PDF(pc) (848KB)(258)       Save
    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.
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