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Considering the Theory of Environmental Right

Wang Liang-hai

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Abstract

The environmental right theory often arouses a controversy in environmental law circles.From the perspective of the growth of right, this author considers environmental right a new right that every social member is entitled to enjoy.It is a fundamental right and evolves from the crisis of human environment.Environmental right is different from citizens' environmental right: the latter is a legal right and is superior to the former.Based on this analysis,we should well consider the theory of environmental right and the legislation of environmental right in China.

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What this paper is about

The environmental right theory often arouses a controversy in environmental law circles.From the perspective of the growth of right, this author considers environmental right a new right that every social member is entitled to enjoy.It is a fundamental right and evolves from the crisis of human environment.Environmental right is different from citizens' environmental right: the latter is a legal right and is superior to the former.Based on this analysis,we should well consider the theory of environmental right and the legislation of environmental right in China.

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Available abstract

The environmental right theory often arouses a controversy in environmental law circles.From the perspective of the growth of right, this author considers environmental right a new right that every social member is entitled to enjoy.It is a fundamental right and evolves from the crisis of human environment.Environmental right is different from citizens' environmental right: the latter is a legal right and is superior to the former.Based on this analysis,we should well consider the theory of environmental right and the legislation of environmental right in China.

Key concepts: Environmental crisis, Legislation, Environmental law, Perspective (graphical), Right to development, Environmentalism, China, Exclusive right

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