| When coming to the end of the 20 th century, the industrial civilization met with various problems, such as the depletion of resources, the environmental pollution, the shortage of energy and the exacerbation of livelihood, which increasingly reduced the civilized elements in the industrial civilization. The idea of ecological civilization appears as some reaction against the industrial civilization. The latter refers to the high development of industrial economy and the significant elevation of material life. The former refers to the human respect of natural laws and the promise of the harmony between human beings and the nature.In chap.1, the birth of the environmental right was instituted since the transition of the civilization and ecological civilization in sequence. The environmental right and ecological civilization share the same value composition. That is they both advocate dealing with the relationship of Man and Nature in a more civilized idea. Ecological civilization advocates that human should keep a harmonious coexistence with the nature, achieve a virtuous circle and sustainable development. Environmental right aims at preserving and maintaining appropriate survival of human reproduction. The purpose of proposing environmental right is to make the need of Human for striving to improve the natural environment got fulfilled. Environmental right and ecological civilization are two sides of the same picture. It’s necessary in value to explicate environment right with the aid of ecological civilization and explicate ecological civilization with the aid of environment right which make ecological civilization and environment right seated by each other.In chap.2, on the level that ecological civilization and environment right seat each other, in terms of the basic attributes of the environmental right, as the right of the people, it’s both a kind of right belonging to the people and a kind of right serving for the people. It is a kind of right on the private law defined as preventive and relieving. It is a kind of right on the Public Law defined as political and concerning policy. As the right of the people, it is a kind of right belonging to the contemporary people and the future generations. As the ecological livable right of the people, it should be regarded as a livable right and the rights of an ecological livable. Ecological civilization belongs to the category of the basic principle of Marxist philosophy. However the basic principle of Marxist philosophy can be a philosophy dimension on which the ecological civilization and the environment right seat each other. Industrial civilization regards "man is the master of nature" as the philosophy basis, regarding the nature as a sort of objective existence, eliminating the nature’s being in itself side. Ecological civilization regards "human beings are brothers and friends of the nature" as the philosophical basis to let human understand and reflect and even criticize their own subjectivity by developing the human’s own subjectivity. Both the nature is regarded as a kind of objective existence and human is regard as a kind of objective existence. For human, the nature, on the one hand, is still a kind of objective existence, on the other hand also obtains its being in-itself.In chap.3, the subjectivity of human is hidden in human’s comprehensive and accurate understanding about the nature. Although the nature still belongs to the human, but it can exist in-itself. Verifying the subjectivity of human is in the presence of Confirming the nature’s being in-itself not eliminating the nature’s being in-itself. The theory of brothers and friends in Marxist philosophy could obtain the support from the theory of mother and son in contemporary ecology, the theory of the root of intelligence in contemporary Chinese folk, the theory of five kinds of meaning about the sky in traditional Chinese culture and the idea of love in Christianity. If the environment right is announced against the oppression of harmful environment, actually, the nature is still regarded as a kind of pure objective existence which causes the ignorance of the being in-itself of the harmful environment. So the explication on the environmental right must be given up by the way of fighting and robbing replaced with the way of consistent or harmonious. The environmental right should be constructed as the right that human keeps from harmful environment and live in harmony with nature.In chap.4, the idea of ecological civilization belongs to the contemporary political ideology, and the contemporary political ideology can be regarded as the political dimension that ecological civilization and environment right seats each other. The appearance of ecological crisis roots both in its own competitive of the market economy and in the push from political for industrial economy. There is a political structure behind the industrial civilization. That is to say, Government adopts the competitive discourse which the market economy itself already had and pushes the industrial economy vigorously. So the industrial economy inevitably bore the weight of the political ideology discourse. When the development of the industrial economic is wrapped by the competitive discourse and getting the push of the political drive, the emergence of ecological crisis is inevitable. That sort of competition mainly includes the strength of the industrial economic contending from country to country, the rivalry of the economic strength all over all fields throughout the industrial economy, the interregional race of the industrial economic strength in the country.In chap.5, the difference between political structure behind the industrial civilization and the industrial economic lies in that the discourse of cooperation should be adopted when the government pushes the industrial economy. The stride from the industrial economy to ecological economy forces the political structure and discourse change behind both sides, and then the environmental right can be explained as a kind of right that the countries around the world, all fields of economy and all government officials are keeping from harmful environment with the attitude of cooperation, so mankind can benefit from the ecological environment. Ecological civilization is a kind of idea discussed by the basic principle of Marxist philosophy and pursued by contemporary political ideology to seek happiness for people. While "happiness" can be one ethical dimension in which the ecological civilization and the environment right seat each other, because happiness is the core category in ethics. The government attaches great importance to its own economic responsibility and despises environmental responsibility. The unhappiness of the people on the ecological environment comes from the lack and shortage of government environmental responsibility in the very great degree. Environmental right becomes the right that citizens require the government to perform environmental responsibility, and it is a kind of right that meets the demand of citizen’s good habitation and obtaining the happiness of livability. Although you can use the digital indicators of the economic development to measure economic strength and wealth of the country or region, but it cannot neither fully reflect that whether the people are happy or not nor the degree of happiness. Happiness, as a kind of feeling, can be obtained its objective performance from the material satisfaction, it can also be attained its subjective expression from the spiritual satisfaction. With the aid of the indicator of the economic development, human expresses subjective sense objectively, however human’s subjective sense cannot be expressed clearly by objective indicator, and the objective expression of the subjective sense experience cannot reflect the subjective experience exactly. Pure subjective feeling still exists out of the objective expression. When citizens exercise their environmental right urging the government to perform environmental responsibility, it is not only with the help of the indicators of the objective data to demonstrate their requirements, but also with the help of the pure subjective sense to demonstrate their own requirements. By this, it means that environmental right becomes a kind of right containing the rights of the citizens’ livable subjective feeling and obtaining livable happiness.In chap.6, the modern society is the society which is ruled of law, or to the society which ruled of law, Ecological civilization and the environmental right is the product of the society which is ruled of law. There are two modes on the legislation about ecological environment in the context of the society which is ruled of law, which are environmental law as well as environment right and ecological law as well as ecological right. Environmental law responses to ecological civilization as well as environmental protection in the form of "loose aggregation", and then environmental right accordingly narrates human’s more specific rights against in the matter of drinking water, healthy breathing, against noise, etc in the form of "loose aggregation". Ecological law deals with ecological civilization and environmental protection in the form of "integrated summary", and then ecological right also accordingly narrates human’s general rights in the form of “integrated summary”.China’s environmental protection law leaps from version 1989 to version 2014, reflecting the legislative idea that human legislates for ecological environment equal to for human beings. Although human being stands in the ecosystem narrating the environmental right, while, which equals to narrate the environmental right regarded as the law of human rights. But when the human beings narrate the environmental right regarded as the law of human rights, the laws of nature in the ecological environment should be narrated at the same time. Although the human beings stand in the ecological system demanding for the environmental right, actually exerting the environment rights as the law of the human beings. But human advocate the environmental right as the law of the human beings, we should also argue the law of the natural in the ecological environment. Ecological environmental law in China is not an independent legal department. In view of the protection for the environmental right in law has diffusivity in the standard system, if ecological environmental law becomes independent legal department, which contributes to the dialogue between other legal departments and makes the legal system including all the legal departments with coherence. |
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