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 a legally 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 drafting 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, environmental property rights system, environmental contract system, environmental personality rights system, environmental tort liability system, and 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 drafting of the Civil Code. It also offers fresh 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.