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The Study Of Ecological Right

Posted on:2013-01-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:K Y WangFull Text:PDF
GTID:1116330371479316Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Ecological right as a new form right, has not yet been generally recognized bythe academia. But because of its solution to the ecological crisis,it has put forward anew theoretical perspective and research ideas, as well as the coordination betweenman and nature. So the rights of research has become academic, in particular, is ahot topic of the environmental law academics and cutting-edge issues.18 th century ago, the pollutants of the production of human life can be basicallyeliminate by ecological system, but with the development of industrial production, thewidespread use of the machine and the increase of the population, he pollutants of theproduction of human life has not eliminated through the ecological system, soecological problems present in before the human beings. Since the 20th century, 40'sand 50's the pollution event, the human discovered ecological problems have slowlyevolved into an ecological crisis, and increasingly heavier. This affects not only thenormal life of mankind, and even threatens the survival of mankind itself. Therefore,humans began to explore the way to solve the ecological crisis. With the constantdevelopment of economy and science and technology, to increase the level of humanresource demand also greatly increases, so how to use ecological resources at thesame time to protection has become an another problem before human. Thereforedeveloped countries first action, try all kinds of measures to prevent and controlpollution and protect the resources method. Practice will inevitably promote thedevelopment of the renewal of the theory, the theory of protecting the health of humanbeings and natural resources exalted. Through the joint efforts of the internationalcommunity, environmental law has become a new legal department to resolve theecological crisis, and their basic rights - the environmental rights has also become ahot issue for theoretical research and practical exploration.However, due to the environment right produced in serious pollution threat tohuman health and life safety conditions, therefore it has the tendency of humancentralism. But the ecological ethics study shows that you want to save the ecologicalcrisis humanity can not beonly concerned with human beings, but also concernedabout the presence of other organisms of the ecosystem status quo. Because theenvironmental crisis is not only human survival but also fragment the entire balanceof the ecosystem and safety issues. Therefore, in today's ecological crisis is alreadythe development of globalization, environmental rights bloated because of its anthropocentric tendency to solve the ecological crisis, and is not fully realized theimportant task of protecting the environment, but by the new right to development itsmeaning, to adapt to the needs of mankind to save the ecological crisis. Domestic andinternational environmental law academic colleagues call this new right to ecologicalright. The theme of this paper is to study and so started.In this paper, first, the background of ecological rights is analyzed. From theethical background, ecological right experienced from animal liberation movement tobiological theory to the sustainable development of ecological theory to the change ofethics. These ethics development abandoned the environment right narrow humancentralism tendency, with the theory of the whole of the method to define the right,make the ecological right from the beginning of the produce has the atmosphere,tolerance of the spirit. Ecological right concept is put forward on the development ofenvironmental right on the results.The environment right to be developed, one reasonis the environment right content is a confused, be scholars to imagine a rights case, alland related environmental protection rights into the environment right bundle, this ledto the environment right theory of internal unity; another reason is the environmentright although scholars have extensive research but still not form the verdict. Themain body of unity and directly affect the environment right function. So it isnecessary to the environment right further development, so as to adapt to the changeof the ecological crisisWhat is the ecological right? Where is the development of the environment right?What is the attribute? These problems should be clear explanations. After all, theconcept of the clear expression can be as the theoretical lay the good foundation. As akind of right, ecological right only to have the right to ecological factors, to becomeavailable to make for the law and regulations reflect the rights of ecological ethics.Ecological right to solve the problem both of the subjects of the right of unity, also thenonhuman organisms can be a right of the main body of the ecological. This paperargues that, the main body of the ecological right is only human beings must notnon-human organisms. Because ecological right will have both the ecological ethicsthought and the legal effect, and therefore ecological right is to have the right tosexual and legal rule. At the same time, because of ecological rights are based on therespect of the ecological system of natural law, ecological right naturally has right-obligation composited.The existence of the ecological right with the existence of other rights is as needto have a before. Ecological right is the ecological law to respect the law, so theexpression of the existence of ecological right on ecological system has natural valueand natural right is the presupposition. The theory of the rights of nature, requirements set before the right to nature on the dual protection of the law and morality, and mostimportantly, the rights of nature is human must respect, because of the nature of theright in with also have the power, the latter is the natural right to be respected reason,a member of any nature could not have go against nature, otherwise will be affectedby the natural power punishment. Nature has the right, also has the value. Becausenature does not only to human survival and development to provide conditions ormaterial foundation, also is not only for biological survival create conditions, butbecause the value of nature that has its own, the value of the natural that according tothe law of nature itself from other conditions, the development of the restrictions.From the perspective of jurisprudence, in the main only sure ecological rights is,and must not non-human organisms at the same time, also must be acknowledged andaffirmed the natural rights and natural value, so as to the oretically solve the problemof the rationality and legitimacy of ecological right to exist. Ecological existence ofthe right rationality and legitimacy, remains to be the theory of argumentation and thetest of time, you also need other evidence of the theory. We can see from the idea of"Nature and humanity" ,development thinking, ecological justice ideology, the theoryof public trust, sustainable, co-evolutionary theory of ecological right to the legitimateand reasonable to find theoretical support. "Nature and humanity" thought in ancientChina thinkers respect the natural language of the ecological law, provide the localecological right for the ideological source. Sustainable development thought embodieshuman in ecological system special position and function, establish the subject statusof the people. Ecological justice reflected the thought of other species of justice alsoreflect contemporary human to future generations of justice. Collaborative evolutiontheory demands nature species to collaborative evolution, and ecological justicetheory is the respect of the laws of nature, is the idea of ecological right source. Thetheory of public trust is the right government as the main body of the ecologicaltheory support. "Nature and humanity" thought, ecological justice ideas, cooperativeevolutionary theory can be proved right with respect to ecological why the ecologicallaw for the premise, and sustainable development thought, ecological justice thoughtcan be proved right exercise their rights of ecological main justification, and publictrust can be proved in theory, the ecological right many of the important role of mainbody, but also for other body supervision of the government's power to providetheoretical support of exercise.I expect ecological right's settings under the premise of respect and adhere to theexisting jurisprudence theoretical system on the basis of respect for the laws ofecology to practically solve the ecological crisis issues new thinking path, theimprovement of the existing legal system to provide a new theoretical support. On the basis of analyzing the causes of ecological crisis to find a theoretical solution to thecrisis response, and thus the theory of countermeasures into the legal system.Ecological compensation system, the emissions trading system, public interestlitigation system as an example, try to lead the legal system with the idea ofecological right to build the ecological right to this new right shape can make adifference in the practice of law.
Keywords/Search Tags:Ecological Right, Environment Right, Sustainable Development, Right-Obligation Composite
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