The Inter-Generation Equity And The Fufure Generation Being The Subject Of Right

Along with the theory of the sustainable development affecting a lot, the theory of inter-generation equity, studied by the scholars who advocate the environment rights of the future generation, develops better and better. The theory of inter-generation equity emphasize environment right of the future generation and the equity between the present and the future generation, the particularity of which is the future generation isn't existing in the present generation. The theory is for the purpose of initiating an idea, or kind of moral view: Humanity shall leave the future generation a living environment no worse than their own environment, while they are developing their economics, and the present generation shall not overdraw the future generation's environment resources to meet the present generation's own desire.The theory has its own rough and complexity. Even the in-generation equity doesn't realize: In the world, the developed country is overdrawing the developing country's natural resources and destructing the latter's environment. It is so unfair. How can inter-generation equity be that then establishes on the foundation of in-generation equity? For the inter-generation equity itself, the future generation doesn't appear in this present generation. The lack of the subject is a big problem in the realization process of inter-generation equity. Regarding the inter-generation equity realization, the Humanities propose respective blue prints, the most representative of which are the sociology project and the legal project, and the latter will change the weak moral binding force.In my opinion, to solve the inter-generation equity problem in law is the only way to realize the theory effectively, because the legal power will make up the weak binding in moral. No matter in the moral solution or the sociological theory and other defenses, if we neglect the legal system design, it is unable to realize the theory of inter-generation equity effectively.The main legal system design is to make the future generation to be the subject of right, who can enjoy rights and burden obligations. The acknowledgement and defense of the future generation's right is the foundation and the power to realize the inter-generation equity. Although this kind of defense might be much more difficult, this reasoning on the future generation being the subject of right is necessary. Only after being the subject of right, the future generation's right and benefit could come true from the theory. It is possible for the future generation to enjoy rights in law, which is a trend whatever in analyzing the characters of human being and in reviewing the history of developing of the legal subject. Besides, there are already some legislation and judicial practice in this theory field all over the world. How does the future generation exercise their rights as the subject of right? It is hard (not impossible) to answer, because the future generation isn't existing in the present generation. The scholars also proposed some solutions about it. I approve Professor Edith Brown Weiss's"deposited planet theory"which is so well-known. My opinion refers to the agent system design, and includes the particular stipulation of environment law. Totally there are the content of future generation rights, agent system, as well as the right of relief.