The so -called environmental right，It is a legal right with a good ecological function environment that is suitable for natural people to survive and develop。Its connotation mainly includes: the only object of environmental rights is "environmental ecological function"; the content of environmental rights does not include the right to use environment capacity;，excluding the country、Organization and non -human natural objects; environmental participation is the core power of environmental rights。Its nature is mainly: environmental rights are legal rights，Not ethics、Moral、Religion、Get used rights。

General Secretary Xi Jinping emphasized at the 2018 National Ecological Environmental Protection Conference，"Use the strictest system、The strictest rule of law protects the ecological environment "。Specifically，It is to use scientific legislation、Justice and strict law enforcement protection ecological environment。These，Undoubtedly requires theoretical support。For this，Unremitting efforts in the academic community，Especially how to make legal adjustments for the focus of publicity (public welfare) for the ecological environment，I have proposed a lot of theory，If the public share of the public、Environmental Law Theory、The right to use environmental use、Environmental interests theory、Quay property rights、The right to use the right to use、Illustrations, etc.。But，This problem has not been solved yet，bet365 live casino games There is still room for discussion。

First，Ecological rule of law practice requires environmental law theoretical guidance。Only the basic theory of environmental law that is generally understood and accepted by building a legal community，Only a smooth dialogue with other disciplines，Scientific Guidance Environment Legal Legislation，Leading the greenization of other departments，As a result, the situation of forming the common governance of the law。Second，Environmental law urgently needs basic theoretical armed forces。my country's environmental law began in the 1970s，But，Objectives for environmental law research、Environmental method adjustment object、Environmental legal relations and other basic theory issues are still different.，It is inevitable that it is not conducive to the development of disciplines and ecological rule of law。Last，Constructing the basic theory of environmental law requires cornerstone。The so -called theoretical cornerstone，can be able to blend analysis、Lead the core concept or principle of the entire theoretical system。No theoretical cornerstone，The basic theory of environmental law that can never reach consensus。"Environmental rights" that conform to the general jurisprudence have a strong resolution for environmental law theoretical system, including the aforementioned theoretical problems，Khandang's theoretical cornerstone of environmental law。

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With "environmental rights" as the cornerstone，First of all, you need to have a consensus。How can it form a consensus? Find a common follow -up。This common compliance can only be "general legal"。"General Law" is not a methodology in the sense bet365 best casino games of epistemology，Not as the so -called "legal methodology" in the sense of the law interpretation，Instead, the legal phenomenon revealed under the guidance of dialectical materialism "Law"，It is the result of human rationality。As Habermas recognized，Reason is undeniable。As long as the legal scientific people think they are still engaged in scientific research，It cannot deny the scientific or regularity of law，It should follow general rational laws，Although it is also constantly developing and changing。

The so -called environmental right，It is a legal right with a good ecological function environment that is suitable for natural people to survive and develop。Its connotation mainly includes: the only object of environmental rights is "environmental ecological function"; the content of environmental rights does not include the right to use environment capacity;，excluding the country、Organization and non -human natural objects; environmental participation is the core power of environmental rights。Its nature is mainly: environmental rights are legal rights，Not ethics、Moral、Religion、Get used rights; environmental rights are rights rather than obligations，Not to be a simple obligation; environmental rights are public legal rights，That is, the so -called public legal rights of German public lawist Geog Jelenec -the right to set the purpose of public welfare; environmental rights are new human rights。This definition fully conforms to general jurisprudence，It has the ability to talk to other legal circles，It also has the practical feasibility of legislation and judicial。

　　"Environmental rights" as the meaning of theoretical cornerstone

First，With "environmental rights" as the theoretical cornerstone, it is conducive to clarifying the research object of environmental law、Adjustment objects and environmental legal relationships of environmental law。The research object of environmental law should be the law of protecting the "good ecological function environment"。The adjustment object of environmental method should be closely related to the "good ecological function environment"。Research objects of environmental law and adjustment objects of environmental laws should not include Vientiane，Disappointed yourself。For example，"Environmental Health Risk" in the 2020 conference issues of the Bet365 lotto review China Environmental Law Research Society of China Environmental Law Research Association，It should be a health risk that is closely related to the "good ecological function environment"，It is not advisable to win the health risks of "environmental hygiene" and "medical system"，Because these risk regulations are obviously the research category of administrative law。Similarly，Protection of biological diversity、Wildlife protection、National Park Protection and other research areas，It should also be locked on the object of "a good ecological function environment"，Cooperate with other laws and even natural disciplines to explore its way of rule of law，It is not advisable to do environmental law people who are not good at Yue Xun 庖 庖。With "environmental rights" as the theoretical cornerstone, it is conducive to clarifying two types of environmental legal relations: Citizen -State、Citizen -Environmental Rights between Environmental Pollution/Destroyer、Legal relationships that guarantee the obligation of environmental rights，Therefore, the purpose of environmental law with the general law theory of "legal relationship"。Some other legal relationships related to the environment，In fact, it is not an environmental legal relationship，Such as ventilation、Lighting and other adjacent legal relationships。Because，Although their realization will also affect the environment，But has nothing to do with "ecological function"。

Second，Taking "environmental rights" as the theoretical cornerstone is conducive to clarification of similar concepts、Nature and Applicable Law。One，Failure to clarify the concept of environmental infringement，to distinguish between infringing environmental rights and environmental infringement，and clarify Bet365 lotto review the former's damage to the public welfare nature and its public law adjustment channels，The latter's damage to the nature of the private benefits and its private law adjustment pathway; the second，Failure to clarify the concept of environmental personality，to distinguish between infringing environmental rights and infringing environmental personality，and clarify the former's damage to the public welfare nature and its public law adjustment channels，The latter's damage of private benefits and its private law adjustment pathway;，Failure to clarify the concept of natural resources，and clarify the nature of its "tangible property private rights"，Its exercise must be private law because of private benefits and public welfare、Joint adjustment of public law; four，Failure to clarify the concept of pollution right，and clarify the nature of its "intangible property private rights" and its private law adjustment path;，It is conducive to clarifying the subject matter of environmental public interest litigation and environmental ecological damage compensation litigation、The plaintiff's subject、Basis of right to appeal、Special rules and other system design problems; six，It is conducive to clarifying the ecological red line delineation、National Park Protection、Basin environmental protection、Environmental impact evaluation、Environmental tax and other system construction targets。

third，Taking "environmental rights" as the theoretical cornerstone to clear the following principles: one，Ecological rule of law requires co -governance of the law，But most cases are public law、Adjust the private law，Individual situations only need public law、Private Law Fusion Adjustment。It is not advisable Bet365 lotto review to "co -governance" in the legislation equivalent to "integration" and break through the department law too much，impact on the current legal system。Its two，Environmental rights of "Public Legal Privacy" nature，Because it is completely set up for public welfare，It should be adjusted by public law。Its three，Natural resource rights with the nature of "tangible property"，Because of its exercise involving private benefits and public welfare，So the private law、Common adjustment of public law，This is also in line with the general jurisprudence of rights and obligations。Under the circumstances that general jurisprudence is sufficient to provide theoretical resources，should be cautious to create new types of rights such as "quasi -property rights"。Four，For Chinese law similar to the law system of the mainland，The theory is very important，The success or failure of the law implemented by the law。Legislation、Judicial and law enforcement should be the first to use the principle of general law，Do not innovate for innovation，Try to avoid the response that cannot be blended in the same way。

　(The author is a professor at the School of Law of Fuzhou University)