环境权的法制尴尬及其出路探析

环境权不仅在理论上存在诸多争议，在法制实践过程中也面临诸多困境：私权性环境权难以具体立法，宪法性环境权在实践中并未发挥多少实际作用，环境权与其它权利的冲突难以调和，公益诉讼举步维艰等。要想走出困境，环境权应当实现从支配环境本位到人类与生态和谐共生本位的转变，倡导以环境义务为中心的实现模式，强化侵权法对公民环境权益的救济，并尝试以检察机关为主体进行环境公益诉讼。

An Exploration of Law Predicament of Environmental Right and the Solutions

There are a general debate on environmental right in the academic world, and some difficulties in the process of environmental right legislation as well. For example, there is a lawmaking difficulty in the selfish environmental right, constitution environmental right does not work effectively in practice, it's hard to keep compatible between environmental right and other rights, and it's troublesome in public interest litigation. Some new ideas are efficient to get out of the way, such as turning the focus from environmental exploitation to the harmonious coexistence of human beings benefit and ecological benefit, advocating the environmental incumbency to be the central point, enhancing the support to citizens from tort law, making procuratorial organs the principal part in the public interest litigation.