环境权主体研究

环境权自提出以来发展至今,在理论和实践上都面临着困境。本文试图从法理学的角度对环境权的主体进行分析,来突破这一困境。因为有了主体,权利才有了归属。只有环境权的主体明确,分析环境权的客体、内容才有意义。环境权主体属于权利主体的范畴,又有其自身的特征。环境权的主体包括:自然人和人类,而不包括单位、国家和自然体。

A Study on the Subjects of Environmental Rights

Ever since the notion of environmental rights was advanced, it has been in dilemma both in theory and in practice. This thesis tries to solve this problem in the view of legal theory by analyzing the subjects of environmental rights. Only when there are subjects, the objects and the contents are possible. Subjects of environmental rights are in the category of subjects of rights, but have their own characteristics. The subjects of environmental rights include natural person and human being as a whole, but exclude institutions, state and nature.