Logical Thingking about the Theory of Subjects of Enviromental Rights
|School||Shandong University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||environmental rights Anthropocentrism Nonanthropocentrism rationality|
Since the 1950s, the rapid development of science and technology, in the enormous productivity, has greatly improved the material life of mankind while also generated a lot of the environmental problems, environmental pollution, resource destruction and thus brought the entire planet and all life, the serious crisis. The social reality in the world to the developed areas gave birth to a natural human right issues such as ethics and the responsibility of targeting environmental ethics. Ethics of good and evil concept is one of the basic sources of the legal value. In the historical process of human civilization, the conflicts and human growth are hand in hand. Today, more of the human beings are caught in the confusion. As the environment has been destroyed, not only as a whole, mankind is faced with the crisis of survival and development; and as individuals in terms of its dignity as a human being is threatened, it is necessary to build and continually improve the environmental rights.In our country, ecological civilization as a guide to achieve environmental law, ecological, environmental laws in China in today’s society the concept of ecology and values. An ecological civilization-oriented ecological environmental laws is defined as "environmental law to contemporary ecology as the theoretical foundation, to build a harmonious society, environment-friendly society, resource-saving society and ecological civilization as the goal, more and more use of and reflect the ecosystem approach and integrated ecosystem management, increasing attention in legal norms, the harmony between man and nature co-ordinate the development of such a change or trend."Environmental rights now in theory and practice are facing difficulties. This paper attempts from the perspective of jurisprudence, to establish the scientific development concept in the social environment, the environmental analysis of the subjects of the right to break through this dilemma. Because of the subjects, the rights can be attributed; rights are the means, only when the subjects are clear, the realization of rights has value; only subject of the right environment, a clear analysis of the right environment, the object, the content makes sense.The reason why this article regards the ethical basis of the environment as a logical starting point to explore the subject of the environmental rights, because. In a sense it can be said that modern environmental law system is based on a number of modern environmental ethics and philosophy, which from the ethical perspective of environmental ethics in particular, the interpretation of modern environmental law may provide some theoretical. Based on today’s society, a weak anthropocentrism ethics is desirable. Laid with the top of this, the right of the main body of the environment can only be limited to humans, including natural persons, units, society and the state; environmental rights have a separate existence of the necessity and feasibility, as long as the main body of environmental law to enjoy a safe and comfortable environment, survival and development rights, whether substantive or procedural, whether the development of the environment or the use of environmental resources, but also whether it is a natural person or the community or is a national environmental rights, etc. are all one big family members. The right to individual specific environment because of the different elements and different subjects of rights.Interpretation of environmental rights is a response to the needs of a new social reality and the rights of its subjects of rights have been initially confined to natural persons, citizens, gradually grown to include community organizations, national, and even all mankind. But whether the subject of rights should be extended to a natural body, through both positive and negative aspects of the comparison, analysis, we found that the current research on the environment and the right of the main neglected its responsibility as a legal relationship-oriented, while the right mix of environmental law in different sectors differences, and there is a tendency towards pan-morality. To clarify these areas of misunderstanding, it can be to the environment and the right to make a correct understanding of the main body:In the public law level, the main body for citizens of their rights, obligations, then as the case may be divided into the main country or with other citizens or organizations; the private level, its rights and obligations of the main both natural and legal persons and other organizations.