摘要
Abstract
The Ecological and Environmental Code of the People's Republic of China(Draft)explicitly stipulates"safeguarding public health as well as ecological and environmental rights and interests,"representing,for the first time in China's ecological and environ‐mental legislation,a partial response to the long-standing theoretical proposition of"incorporating environmental rights into law."How‐ever,environmental rights and interests are not equivalent to environmental rights.Whether it is feasible and necessary to introduce en‐vironmental rights and interests as a synecdoche for environmental rights into legislation,and how to provide a theoretically coherent in‐terpretation of environmental rights and interests in line with legal logic,have become critical theoretical research issues in the context of codifying the Ecological and Environmental Code.Doctrinal analysis reveals that the subjects of ecological and environmental rights and interests are diverse,their interest structure is complex,and their beauty-oriented claims are highly subjective and difficult to quan‐tify.These characteristics determine that ecological and environmental rights and interests lack"availability."Therefore,they essential‐ly represent a legislative expression focused on interests.Environmental rights,due to their lack of an interest foundation based on"availability,"are difficult to directly incorporate directly into law.The provisions on ecological and environmental rights and interests in the Ecological and Environmental Code of the People's Republic of China(Draft)represent a pragmatic response to the theoretical proposition of"incorporating environmental rights into law."To establish a legal order characterized by evaluative consistency and in‐ternal uniformity regarding ecological and environmental rights and interests,a systematic interpretation is necessary.This systematic interpretation should follow an approach that transforms political discourse into legal discourse,ensures articulation and support be‐tween different legislative processes,and promotes legislative-judicial coordination.By treating ecological and environmental rights and interests as the interest foundation of subjective rights corresponding to objective law,the Ecological and Environmental Code of the People's Republic of China(Draft)can structurally align with the constitutional incorporation of ecological civilization.Incorporating ecological and environmental rights and interests into the protection of general personality rights based on human dignity promotes mu‐tual empowerment between the Ecological and Environmental Code of the People's Republic of China(Draft)and the Civil Code of the People's Republic of China.By interpreting and clarifying the normative function of ecological and environmental rights and interests from the two distinct dimensions of public and private environmental interests,a solid legal foundation can be provided for the special‐ized development of environmental adjudication in China.关键词
生态环境权益/生态环境法典/体系化解释/立法与司法协同Key words
ecological and environmental rights and interests/Ecological and Environmental Code/systematic interpretation/legislative‐judicial coordination分类
社会科学
