The Personality Right Attribute Of Environmental Right

Environment is people ’s livelihood,green mountain is beautiful.In response to the challenges brought by the environment to social life,the Civil Code establishes the green principle,which aims to meet the people ’s yearning for a better life.To implement the green principle,we must reflect the internal relationship between man and nature.The natural environment is an inexhaustible source of literature,art,music and even sports development,which can meet the spiritual needs of human beings.Spirit is a necessary condition for human survival and an important aspect of maintaining human subjectivity,which is also the theoretical basis of the personality right system.Traditional personality right attaches great importance to the maintenance of human dignity in social relations,while ignoring the environment is the basis of human survival and life.In the Civil Code,human subjectivity also needs to be demonstrated in the relationship between man and nature.Therefore,’ living in a good environment ’ is a necessary condition for ’ being human ’,and environmental right is an important aspect of personality right.In recent years,there have been more and more cases concerning the spiritual interests of citizens based on the environment,and the role of the environment in shaping the human dignity of citizens has gradually received attention.As a necessary natural condition for human survival and development,the environment has direct significance for the reason why people are human beings.It can be a kind of personality interest protected by personality right.Therefore,studying environmental rights from the perspective of personality rights is an important theoretical issue whether the green principle of the Civil Code can be realized,and it also helps to solve some problems in judicial practice.The environmental right has not been clearly stipulated by the law of our country,and the spiritual interests are also the content of the development of the times,which leads to the phenomenon of paying attention to the material interests of protecting the environment and ignoring the spiritual interests of the environment in practice.In this context,it is inherently reasonable and feasible to clarify that environmental spiritual interests are personality interests and apply the personality right system to adjust and meet the actual needs.This paper discusses the legal concept and nature of environmental right,analyzes the relationship and difference between environmental right and personality right,tries to expound its subject,object and content based on the personality right attribute of environmental right,and combines foreign theoretical development and judicial practice.The personality right attribute of environmental protection right is theoretically and institutionally constructed in order to realize the application of personality right system to adjust the environmental right that has not yet been legalized,comprehensively protect citizens ’ environmental rights and interests,and maintain the integrity of citizens ’ personality content.