生态权保护的法律探析

随着生态权理论的发展,许多国家和国际组织开始了生态权的立法实践。我国现行法也从不同角度折射出了生态权的影子,但并未在立法上予以确认,尤其是以生存权为核心的公民生态权至今也没有披上法律保护的外衣。应针对公民生态权实现所面临的困境,提出相应的法律对策,希企有助于公民生态权从应有权利转化为实有权利。

Legal Analysis of Ecological Right Protection

With the development of the theory of ecological rights, many countries and organizations begin to practice making laws of ecological rights. At present Chinese law seems to put forward the ecological rights in different angle, but it doesn’t be confirmed. Especially ecological rights of citizen, which puts the rights of existence into the center, haven’t been protected by law, so ecological rights can’t be put into effect. Here, through elaborating the basic theory of ecological rights of citizen, and analyzing the quality of it, the writer points out some plight that ecological rights of citizen are facing, and then poses some relevant countermeasures of law in order to make ecological rights become true.