Journal of Shanghai University (Social Science Edition) ›› 2017, Vol. 34 ›› Issue (2): 87-98.

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On the Evolving Right Categories in Environmental Law: #br# Centered on the Core Structure of the Right to Enjoy#br#  the EnvironmentWANG

  

  • Online:2017-03-15 Published:2017-03-15

Abstract:

 The once warmly discussed environmental rights and related theories encountered unprecedented strike when China's environmental protection work entered into a new era. The development of the right categories in environmental law needs the support of a cornerstone category to formulate effective approaches to environmental problems. The legal practice of environmental protection needs to strengthen the empowerment of the legal rights. The evolution of the law in addressing environmental problems requires the systematization and precision of environmental rights; Good legal compliance in environmental governance requires the availability and practicality of rights. From the collection of environmentrelated rights to the emerging environmental right system, the type of rights in environmental law evolved to a point where the core category is needed to support the whole system. Based on these considerations, the recreation of rights in environmental law can be achieved from the following three aspects: local governments’ greater role in environmental protection in the rule of law governance may be the inevitable choice; The regulation of environment utilization behavior will eventually become the forefront of environmental governance; The right to enjoy the environment may become the core structure of the categories of rights in environmental law.

Key words: rights, legal practice, legal compliance, categorization, environmental law