Extricate From Difficulty And Rebuilding Of Environmental Right

The theory of environmental right has become a hot topic in the Environmental resources law, which is also the very important basis of scientific basic theory. Thus, the prosperity and development of the environmental theory is of great importance to the fact that whether people could enjoy comfortable environmental rights, as well as the sustainable development of our country. However, development of the theory of environmental rights has encountered the bottleneck in both methodology and ontology. In addition, there is also some difficulties has existed in practice. How to define the new environmental rights, so as to get out from the difficult position, and realize the development of both theory and practice has become the most important study object that the Environmental law and Environmental protection industry has been confronted with.First of all, this paper analyzes the dilemma of the methodology and ontology of environmental rights, as well as the important significance of the research in this field. On the basis of the analysis, writer suggest that an open and communicative thinking should be quite needed to help solve the problem. Followed this line of thinking , reshaping the environmental right of ontology is the first thing, and referring to the theory of general personality while the methodology of resource to develop environmental right, so to the extent it can beleaguered for environmental right. In general, this article first points to the issues and analyze them. Then, the author will raise some his own thoughts and the possible approaches to resolve the issues. This article emphasizes the necessity to apply the new methodologies to the environmental rights studies. Enlightened by the theory of right of personality from civil law, this article also applies the general rules of interes rules of interest rights to the studies of environmental rights, while clarifying some ambiguous and misunderstood concepts. Finally, this article reaches the conclusion that environmental rights should entail both general environmental rights and specific environmental rights. This article also suggests that in order to put the environmental rights from theory into practice, it is important to it is important to refer to judicial cases involving environmental rights and to enhance these cases precedential forces.