Environmental Rights in the Codification of China's Environmental Law: Analysis from the Perspective of Research Methodology

Environmental rights are an important issue that cannot be ignored in the compilation of China's environmental code. Considering the research methodology of environmental law, the theoretical dispute over environmental rights is a pure issue of environmental law, and there is no absolute right or wrong. On the other hand, "environmental rights into the code" is a practice-oriented problem of environmental law which needs a relatively optimal solution to meet the needs of reality, so there is no direct correlation between these two. "Environmental rights into the code" is a legislative technical issue with Chinese characteristics on the basis of making corresponding judgment about facts and value. In terms of setting rules, it should draw on the experience of personality right protection in the Civil Code of the People's Republic of China and confirm the subjects' right to live in a good environment by means of the normative structure of dynamic system theory. In addition, it should take the basic survival needs into account, the needs for beautiful natural environment and corresponding environmental obligations, thus forming the "factor-effect" model of environment rights protection.