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国外社会和一些国家已经对环境权有了明确的立法,对后代人作为环境权主体给予了最权威的认可。即赋予未出生的人类后代以享受美好环境的权利,从而以此权利来限制现世人的行为及附加义务。我国环境法发展的近几十年中,法律并没有对环境权进行明确规定。近年受国外环境法学的影响,我国很多学者基于代际公平理论也将后代人也列为环境权主体。虽然此理论开创了新的视角,丰富了环境权主体的内容。但其有违法学的基本概念,缺乏现实性和可行性,难以让人信服。
Foreign countries and some countries have already enacted clear legislation on environmental rights and given the most authoritative recognition to future generations as the main body of environmental rights. That is, to give non-born human descendants the right to enjoy the beautiful environment so as to limit the behavior and the additional obligations of the present world. In the recent decades of the development of environmental law in China, the law does not clearly stipulate the right to environment. In recent years, under the influence of environmental law in foreign countries, many scholars in our country have listed future generations as the main body of environmental rights based on the theory of intergenerational equity. Although this theory has opened up a new perspective, enriched the subject of environmental rights. However, it has the basic concept of illegality and its lack of reality and feasibility is hard to be convincing.