论环境权

环境权是对环境价值的分配、利用和保护的权利.可以分为公环境权和私环境权,二者具有不同的法律内容和特点.公环境权表现为国家的环境行政权和司法权,私环境权则应当成为民事主体的一项基本民事权利.对后代人环境权的理解与现行立法存在着冲突,应当正确认识后代人的环境权,科学设定当代人的环境权利和义务.

On The Rights to Environment

Some of the fundamental legal questions about the rights to environment have evoked much controversy.Only based on a correct understanding of the rights to environmental,the rights can be effectively safeguarded,the environment can be protected and improved,and the relationship between human and environment can be continuously promoted to get a harmonious development.The rights to Environment are the rights about distributing,using,and protecting environmental values.The rights may be divided into public rights and private rights to environment,they have different legal content and characteristics.The public rights to environment are the national environmental administration and judicial powers,the private rights to environment should become basic civil rights.The theories about rights to environment for future generations are in conflict with the existing legislation,we should understand the rights of future generations correctly,set of rights and obligations about the environment for contemporary people scientifically.