The Protection Of Environmental Personality Right In Civil Law

Environmental personality right is a spiritual and social private right which is based on the enjoyable and environmental value of the environmental resource. We may attain the right by the medium of environmental resource. Environmental personality right includes healthy body and mind right and clean air right and quiet right and sunlight right and so on. The theory's basic mentality of environmental personality right comes from personality right theory of the civil law, it is the attempt to use the civil law system in environmental domain and establish an independent and feasible right in the civil law frame according to the personality right theory of the civil law. The environmental personality right is a psychic and non-materiality right, it is set up with the goal to protect the spiritual benefits of the body. Because it surpasses the personal scope, it has certain public characteristic.The question that Environmental personality right should be protected by civil law for discussion is to cater to the trends that environmental right is been confirmed in private law and the civil law should protect person rights and the environmental problems should be solved by laws. The process of making environmental right become private right is to enrich environmental right and make regulations and an important way of which is to protect environmental right by systems in civil law. On the other hand, the institutions of civil law cannon answer for the environmental problem. It also asks us to perfect the institutions of civil law.The protection's way of the environmental personality right in civil law is mainly by establishing the environmental personality right and relief measures of the tort on the environmental personality right. Because the relation of the environmental personality right and the environmental resources is close, the real right law and the contract law should also be used to protect the environment to protect the environmental personality right indirectly. Specifically speaking, the environmental personality right's protection performances for the environmental personality right's protection of the personality right law and the real right law and the Creditor's rights law in civil law. The way of the environmental personality right's protection in the personality right law is mainly to make the environmental personality right set up and make it become concrete and legal right; The way of the environmental personality right's protection in the real right law is to make environmental object and the neighboring right and the real right types broken through and strengthen the function of the real right laws on environmental protection to achieve the goal of protecting environmental personality right indirectly. The way of the environmental personality right's protection in the Creditor's rights law is divided into the way of the tort law and the way of the contract law. The former is mainly to confirm what is tort and the relief measures, the latter is mainly to perfect the types of contract to protect environment to achieve the goal of protecting the environmental personality right.