环境权:人与自然和谐发展的视角

Chen Demin, Dong Zhengai
{"title":"环境权:人与自然和谐发展的视角","authors":"Chen Demin,&nbsp;Dong Zhengai","doi":"10.1016/S1872-583X(08)60013-3","DOIUrl":null,"url":null,"abstract":"<div><p>The idea of environmental rights was first ascertained as a universal concern in the late 20th century and then became a fundamental part of environmental law along with the growth of serious disasters brought by the frequent occurrence of extreme environmental crisis. Generally speaking, the environmental rights safeguard and defend human rights and ultimately facilitate producing better conditions of life on earth by stretching and expanding the theory of traditional human rights. But there are endless debates since environmental rights appeared and various views of environmental rights, such as anthropocentric doctrine and organism's centre doctrine. Differentiated from the traditional research, this article reviewed environmental rights from the perspective of harmonious development between human beings and nature rather than from the perspective of law. Therefore, it is very important to clarify the relationship between human beings and nature based on the environmental rights and to promote the environmental rights to be embodied in the constitution. This article emphasized the importance of the practical significance of environmental rights, and built a concrete structure within the legal system that could promote the transformation of environmental law from ‘should have’ right to practical right, and promote the further development of environmental rights and their weightiness in the legal system.</p></div>","PeriodicalId":100240,"journal":{"name":"China Population, Resources and Environment","volume":"18 1","pages":"Pages 189-192"},"PeriodicalIF":0.0000,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1016/S1872-583X(08)60013-3","citationCount":"7","resultStr":"{\"title\":\"Environmental Rights: on the Perspective of Harmonious Development between Human Beings and Nature\",\"authors\":\"Chen Demin,&nbsp;Dong Zhengai\",\"doi\":\"10.1016/S1872-583X(08)60013-3\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>The idea of environmental rights was first ascertained as a universal concern in the late 20th century and then became a fundamental part of environmental law along with the growth of serious disasters brought by the frequent occurrence of extreme environmental crisis. Generally speaking, the environmental rights safeguard and defend human rights and ultimately facilitate producing better conditions of life on earth by stretching and expanding the theory of traditional human rights. But there are endless debates since environmental rights appeared and various views of environmental rights, such as anthropocentric doctrine and organism's centre doctrine. Differentiated from the traditional research, this article reviewed environmental rights from the perspective of harmonious development between human beings and nature rather than from the perspective of law. Therefore, it is very important to clarify the relationship between human beings and nature based on the environmental rights and to promote the environmental rights to be embodied in the constitution. This article emphasized the importance of the practical significance of environmental rights, and built a concrete structure within the legal system that could promote the transformation of environmental law from ‘should have’ right to practical right, and promote the further development of environmental rights and their weightiness in the legal system.</p></div>\",\"PeriodicalId\":100240,\"journal\":{\"name\":\"China Population, Resources and Environment\",\"volume\":\"18 1\",\"pages\":\"Pages 189-192\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2008-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1016/S1872-583X(08)60013-3\",\"citationCount\":\"7\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"China Population, Resources and Environment\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S1872583X08600133\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"China Population, Resources and Environment","FirstCategoryId":"1085","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S1872583X08600133","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 7

摘要

环境权理念在20世纪后期被确定为一种普遍关注的理念,并随着极端环境危机的频繁发生所带来的严重灾害的增长而成为环境法的一个基本组成部分。一般来说,环境权通过对传统人权理论的延伸和拓展,维护和捍卫人权,最终促进创造更好的地球生活条件。但自环境权出现以来,关于环境权的争论一直不绝于声,环境权观出现了人类中心主义、生物中心主义等多种观点。与传统研究不同,本文从人与自然和谐发展的角度审视环境权,而不是从法律的角度审视环境权。因此,在环境权的基础上厘清人与自然的关系,促进环境权在宪法中的体现具有十分重要的意义。本文强调了环境权的现实意义,并在法律体系内构建了一个具体的结构,以促进环境法从“应该拥有”权利向“实际拥有”权利的转变,促进环境权在法律体系中的进一步发展和重要性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Environmental Rights: on the Perspective of Harmonious Development between Human Beings and Nature

The idea of environmental rights was first ascertained as a universal concern in the late 20th century and then became a fundamental part of environmental law along with the growth of serious disasters brought by the frequent occurrence of extreme environmental crisis. Generally speaking, the environmental rights safeguard and defend human rights and ultimately facilitate producing better conditions of life on earth by stretching and expanding the theory of traditional human rights. But there are endless debates since environmental rights appeared and various views of environmental rights, such as anthropocentric doctrine and organism's centre doctrine. Differentiated from the traditional research, this article reviewed environmental rights from the perspective of harmonious development between human beings and nature rather than from the perspective of law. Therefore, it is very important to clarify the relationship between human beings and nature based on the environmental rights and to promote the environmental rights to be embodied in the constitution. This article emphasized the importance of the practical significance of environmental rights, and built a concrete structure within the legal system that could promote the transformation of environmental law from ‘should have’ right to practical right, and promote the further development of environmental rights and their weightiness in the legal system.

求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信