关键词: 权利类型, 环境法, 异质性, 权利主体, 共同体

Abstract:

 Due to the confusion of thinking modes in the research of environmental law between “legal theory” and “legal engineering”, the rights community in the form of “rights tank” under the guidance of “legal engineering” appears with a high degree of heterogeneity. This heterogeneity is closely related to the differences in the scientific principles behind the different environmental and natural resource elements, the diversity of physical geography and humanity environment in different regions of China, and the political judgment and decision under specific points and space. This is reflected by the coexistence of “national / business / citizen” trichotomy and futureoriented “country / city (community) / citizen” trichotomy, which is adapted to the present demand. Faced with the excessive heterogeneity of rights in environmental law, typed approaches can achieve effective responses and, to a certain extent, correct heterogeneity’s negative effect. The function of rights categorization in environmental law is mainly embodied in the reorganization and optimization of the subject system of environmental law, the reversion of the “peoplecentered” factor in the research of environmental law, the understanding and grasp of the changing forms of rights in environment law against the changing times, and proposal of the concept of the right to enjoy the environment as the core structure of rights categories in environmental law. On the basis of the realization of these functions, the core concepts of environmental law research should be abstracted through categorization method.

Key words: environmental law, heterogeneity,  right category, right subjects, community