2005Journal of Shanxi Teachers UniversityRequires access

Citizen Environmental Right and Enterprise Environmental Resources Use Right

Bai Bing-ze

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Abstract

In the legal respect, there is a dialectical relation between citizen environmental right, which is essentially a plead in constitutional and administrative law, and enterprises environment resources use right, which is both a real right in civil law and a plead in administrative law. The fact that citizens enjoy the environmental right can be used against the abuse of environmental resources use right by enterprises and it can benefit the harmony of man and nature. Equal principle, interest balancing principle as well as the principle of giving more consideration to general interests than to special interests while paying proper attention to the latter should be applied in dealing with the contradiction between citizen environmental right and enterprise environmental resources use right.

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What this paper is about

In the legal respect, there is a dialectical relation between citizen environmental right, which is essentially a plead in constitutional and administrative law, and enterprises environment resources use right, which is both a real right in civil law and a plead in administrative law. The fact that citizens enjoy the environmental right can be used against the abuse of environmental resources use right by enterprises and it can benefit the harmony of man and nature. Equal principle, interest balancing principle as well as the principle of giving more consideration to general interests than to special interests while paying proper attention to the latter should be applied in dealing with the contradiction between citizen environmental right and enterprise environmental resources use right.

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Available abstract

In the legal respect, there is a dialectical relation between citizen environmental right, which is essentially a plead in constitutional and administrative law, and enterprises environment resources use right, which is both a real right in civil law and a plead in administrative law. The fact that citizens enjoy the environmental right can be used against the abuse of environmental resources use right by enterprises and it can benefit the harmony of man and nature. Equal principle, interest balancing principle as well as the principle of giving more consideration to general interests than to special interests while paying proper attention to the latter should be applied in dealing with the contradiction between citizen environmental right and enterprise environmental resources use right.

Key concepts: Contradiction, Dialectic, Harmony (color), Environmental law, Constitutional right, Exclusive right, Law, Law and economics

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