2003Unpublished venueRequires access

The Realization of Civil Environmental Rights

Mao Run-lin

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Abstract

Environmental right is the integration of the right and the obligation of human to all kinds of natural things which affect humans living and development Environmental right not only includes the rights of citizens to live in comfortable and healthy environment, but also the rights to participate in state environment regulation as well as to supervise and sue those acts of pollution However, the meaning of environmental right has not yet been illustrated in law, so it is difficult to operate it in judicature Moreover, environmental right has a certain limit because environmental interest and economic interest should balanced, but there is no just standard to weigh those two kinds of interestThe object of environmental right has many special characteristics partly because environment is public goods,and environment tort is often indirect, and for this reason, the ways to realize environmental right are different from traditional methods To deal with the above questions, this paper makes suggestions to set up and perfect the regimes of group suit, administrative settlement of environmental disputes, public participation, and administrative reparations for environmental damage, in order to build and improve the realization mechanism of environmental right

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What this paper is about

Environmental right is the integration of the right and the obligation of human to all kinds of natural things which affect humans living and development Environmental right not only includes the rights of citizens to live in comfortable and healthy environment, but also the rights to participate in state environment regulation as well as to supervise and sue those acts of pollution However, the meaning of environmental right has not yet been illustrated in law, so it is difficult to operate it in judicature Moreover, environmental right has a certain limit because environmental interest and economic interest should balanced, but there is no just standard to weigh those two kinds of interestThe object of environmental right has many special characteristics partly because environment is public goods,and environment tort is often indirect, and for this reason, the ways to realize environmental right are different from traditional methods To deal with the above questions, this paper makes suggestions to set up and perfect the regimes of group suit, administrative settlement of environmental disputes, public participation, and administrative reparations for environmental damage, in order to build and improve the realization mechanism of environmental right

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Available abstract

Environmental right is the integration of the right and the obligation of human to all kinds of natural things which affect humans living and development Environmental right not only includes the rights of citizens to live in comfortable and healthy environment, but also the rights to participate in state environment regulation as well as to supervise and sue those acts of pollution However, the meaning of environmental right has not yet been illustrated in law, so it is difficult to operate it in judicature Moreover, environmental right has a certain limit because environmental interest and economic interest should balanced, but there is no just standard to weigh those two kinds of interestThe object of environmental right has many special characteristics partly because environment is public goods,and environment tort is often indirect, and for this reason, the ways to realize environmental right are different from traditional methods To deal with the above questions, this paper makes suggestions to set up and perfect the regimes of group suit, administrative settlement of environmental disputes, public participation, and administrative reparations for environmental damage, in order to build and improve the realization mechanism of environmental right

Key concepts: Obligation, Environmental law, Environmentalism, Environmental pollution, Law and economics, Public interest, Meaning (existential), Tort

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