Ecological rights are a new type of human rights with ecological interests as their legal interests,and their introduction help to alleviate the controversy of the logic and attributes of environmental rights.Due to the lack of the subjective right function of ecological rights,their constitutional guarantee are insufficient,and it is necessary to re-examine the function of ecological rights with the help of the theory of dual nature.In the face of the increasingly prominent ecological problems,the state undertakes both negative and positive obligations,which means that the state not only can't infringe on the ecological interests of the citizens,but also must support public participation and supervision.In addition,the state must also take positive action to prevent and exclude ecological infringement and provide effective remedies for the subject of the rights,so as to realize the comprehensive protection of the ecological rights of the citizens.
关键词
生态权/权利本位/公共利益/主观权利功能/国家保护义务
Key words
ecological rights/rights-based approach/public interest/subjective rights function/state protection obligation
维普
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