Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise

Company and enterprise have to consume a certain amount of environmental resources during producing process and discharge pollutants into environment. No matter how advanced technologies for management are taken, company and enterprise will unavoidably lower quality of environmental public goods. In fact, current environmental problems and a decline in environmental quality are mainly caused by actions of company and enterprise. Whatever environmental right for citizens is, either as a right i…

Relations between Environmental Right for Citizens and the Right to Use Environmental Resources owned by Company and Enterprise

From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.