Research On The Conflict Of The Environmental Rights And Interests

The environmental problems of human beings begin with the loss of life and property caused by environmental damage.With the development of pluralistic values of society,the manifestation of environmental problems is becoming more and more complicated and different types of conflicts evolve.This paper focuses on the broad sense of the conflict of environmental rights and interests,combined with the typical cases of environmental rights and interests conflict,and analyzes the mechanism of such conflict in theory,and puts forward the corresponding countermeasures in the legislation and judicature.Aiming at the frequent incidents of group environmental rights and interests conflict in recent years,the paper has made independent exposition on public participation and benefit compensation.The scope of environmental rights and interests is very broad,and should not be confined to the strict category of legislation.Environmental rights and interests is human rights and legitimate interests on all kinds of natural or reformed natural factors,and its essence is the legitimate environmental interests of mankind.Therefore,the conflict of environmental rights and interests refers to the conflict between legal and legitimate environmental interests,which is the conflict of the environmental subjective value and the conflict of the environmental objective interest in nature.It is not illegal to make it different from the traditional environmental tort.There are difficulties in applying the law.Taking the case of Shen Haijun v.Machinery Industry First Design Research Institute as the starting point,combining the cases of the conflict of environmental rights and interests in recent years,the environmental rights and interests are divided into two: the living environmental rights and interests and the productive environmental rights and interests.By analyzing the conflicts between the two interests and the internal conflicts,we realize that the root cause of the conflict is the scarcity and the public property of environmental resources,the negative externality of environmental behavior.Taking into account every environmental rights and interests to ensure fairness and justice,and constructing a benefits compensation mechanism for internalizing external costs can make up for the loss caused by abalienating environmental interests as much as possible.While standing in the position of environmental law,the legislation and judicature is insufficient in protecting interests and resolving conflict because of the overlap of the environmental rights and interests.To break the overlap of the environmental rights and interests,making the necessary limitations and compensation provisions for environmental rights and interests on the basis of the principle of equal protection,case measurement,restraint and proportionality,the principle of compensation is required.In other words,it’s the obligation to abalienate interests for the parties in the conflict,but the possible compensation is also a must.At the same time,improving the judicial-centered dispute settlement mechanism and make full use of the advantages of environmental mediation in dealing with conflicts and disputes.The sensitive project social stability risk events have caused serious impact on the social order in recent years.According to the particularity of such events,a multi-approach to protect the public participation in environmental decision-making is proposed.It ‘s hoped that the conflicts can be alleviated and the social harmony is guaranteed through the rights and interests safeguard measures including the establishment of information Communication system,the public opinion into the EIA content and standardizing the procedures of the site selection,innovating addressing mode.