Path of Communication and Coordination: On the Civil Law Protection of Citizen Environmental Rights

Author: Lü Zhongmei
Publisher:
Publish Date: 2005-12-01
Features: Since its proposal, the theory of environmental rights has been controversial, with the focus centered on whether it can be established as an enforceable right, or whether environmental rights can be categorized and specified. This book completes the basic framework of categorizing and specifying environmental rights from the perspective of civil law, providing an answer to this question. Starting from the human rights attribute of environmental rights and the need for comprehensive protection of human rights, it argues for the communication and coordination between environmental rights and civil rights, clarifying the urgent demand for synergistic legal norms in the context of development. In conjunction with the formulation of China's Civil Code, it proposes that the Civil Code of the 21st century could be and should be a "green Civil Code." It systematically argues for the humanistic foundation, the environmental property rights system, the environmental contract system, the environmental personality rights system, the environmental tort liability system, and the environmental civil litigation system in the Civil Code, providing a relatively sufficient theoretical basis for incorporating the concept of environmental protection and related systems into China's property law and the formulation of the Civil Code. It also offers new thinking for breaking through the limitations of legal departments, innovating research methods in law, and establishing a communication and coordination mechanism between environmental law and civil law theory.