On The Basic Theories Of The Right To Environment As A Human Right

The right to environment refers to the right that the individual is entitled to live in a suitable environment and use environmental resources,aiming at the pursuit of free,equal and adequate living conditions for all and the realization of a dignified life.Internationally,the right to environment is basically as a form of human rights to speech and interpret.At home,the theory of the right to environment has diverse perspectives but few consensuses.From the perspective of the normative basis that the right to environment as a kind of human rights,analyzes the natural human rights attributes of the right and the identity with the objectives of human rights and extracts the connotation of the right through relevant provisions in international human rights conventions,the constitutions and other laws and regulations of both inside and outside the domain.And then orientates the right to environment as a human right precisely from the community doctrine and human rights principles,and analyzes the misunderstandings existed in current normative protection of the right,go on with the elimination of procedural rights to purify the content of the right to environment.Later,explores the theory implication of the right to environment as one type of human rights using the derivative rights of the right to demonstrate the power of the right to environment and the bridge between the right and the individual survival demand.Finally combining with the game theory of confrontation and cooperation between the state power and civil rights in the process of human rights realization,proposes the view that the realization of the right to environment adopts cooperative model more in modern society,and once again confirms that the right to environment as a human right not only has the basic normative physiognomy,but also accords with the intrinsic mechanism.