Legal Analysis On The Environment Right

Since the 20th century, environmental disasters have been frequently occurred, deteriorating human survival environment. In this context, environmental rights are generated, which provides a new opportunity for human responding to the growing environmental crisis. Research on environmental rights in China began in the 20th century 80 years, has yet form a complete theory of consciousness. For the poor and vulnerable theory, which built a series of barrier for the further realization of environmental right.Environmental right, as a new type of right, which is different from traditional types of rights, and can not be completely divided into the system of public and private law rights. Environmental rights, which are started from"society", taking "substantial justice"as the value of the goal, and pointing to"public interest", and it is consistent with the essential characteristics of social rights, so, the nature of the environment right is social right. As social rights, the subject of environmental rights should be human society. In the environmental crisis, the whole human society and nature are the direct victims, but the nature can not be subjects of the right. In essentially, the rights of nature are a type of moral right, which can not enjoy rights in the law context. Here, the "human society"is a holistic concept, can be subdivided into several sub-entities: natural persons, legal fiction as well as the national in the perspective of international law, natural persons including the present and futural generations.The object of environmental rights is the "ecological quality "of the natural environment. Environmental factors can not be the object of environmental rights, which are the object of resource rights. The"ecological quality "of natural environment refers to the natural environment in a balanced state, only in this state, the natural environment can much better play the basic role in survival and development of human society.The content of environmental rights, which includ the right of enjoying the environment, the right of environmental and the of participating environment. The right of enjoying environment, including two aspects, which firstly enjoy the clean environment for the basic need of security, survival and development; and sometime which is the right to enjoy the beautiful environment for the spiritual needs. The right to know the information of environment is: the subject of environment right has a right to know information about environmental conditions in which they live. The government fulfills the disclosure obligations of the environmental information, which make up for the asymmetry of the main environmental information. The right of participating in environment is: the subject of the environment right has the right to participate in the country's environmental legislation, environmental policy and environmental protection.Through the legal analysis on environmental rights, which further clarify the whole picture of environmental rights, making the environmental rights become a real type of right, so as to make the theoretical groundwork of the environment right for further implementation.