Replacing the Environmental-Right Paradigm with the Environmental Power-Right Paradigm——Starting from the Realistic System of Environmental Law
The existing research and construction of environmental law are still made within the environmental-right paradigm.From the perspective of the reality of environmental law,this paradigm is not only unable to achieve self-attestation,but also encounters high-level incompatibility with the environmental law and has obvious defects in itself.The emergence of the environmental power-right paradigm will provide a new line of thought for the research and construction of environmental law.The essence of the power-right paradigm is the unity of rights and power,which,while affirming rights,confronts and establishes the role and function of power in the legal order and operation.It allows the public interest,an important environmental phenomenon that goes hand in hand with rights,to find a theoretical footing in jurisprudence.The environmental legal system constructed on basis of the environmental power-right paradigm is not the application of or supplement to the right paradigm,but an institutional system formed on basis of the adjustment of environmental rights and the allocation of power under the premise of complying with constitutional norms.In the construction path of the environmental power-right paradigm,it is necessary to seize the opportunity of compiling the Ecological Environment Code of China,adjust and optimize environmental power and rights in an orderly way,and carry out corresponding institutional construction,including but not limited to rights protection system,rights limitation system,and judicial remedy system,etc.
Rights ParadigmEnvironmental Power and RightConstruction of Environmental Law Systemthe Ecological Environment Code
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