On The Nature Of Environmental Right

Environmental Right, rising along with world environmental crisis and a series of environmental protection campaigns, is a new, ever-developing legal theory of Environmental Law and a right under it. Environmental Right is the core of Environmental Law; hence the nature of Environmental Right becomes the first important issue of the basic theory of Environmental Law. In the procedure of democratic rule of law, it is of great importance to assure and protect Environmental Right in legislation and pursue its nature in theory in realizing this right in practice.Nowadays there is a hot debate on the nature of Environmental Right, which is not benefiting the establishment of Environmental Right System. Environmental Right has a special nature, which bears both private and public characteristic. Making clear the nature of Environmental Right is the first step to define the right scope of different bodies, such as individuals, legal persons, organizations, governments and the whole human beings. And this directs the way to protect Environmental Right through "public law" and "private law" and at last guarantees the realization of Environmental Right.