环境权益量化的尺度:环境标准

在提倡生态文明的当今时代,民众的环境权利意识不断提高,享有新鲜的空气、清洁的水源、优美的环境等等都在逐渐被权益化。通过法律途径,寻求制度上的保障是人们环境权益受损后的惯常思维。然而,作为环境权益存在基础——环境要素具有多样性、复杂性、系统性、变化性等特征,这最终使得环境权益成为人们广泛的、不确定的权利和利益。若使民众环境权益得到切实保障,必须借助环境标准使之得以量化,这缘于环境标准科技性和法律性的双重特征。为此,在具体内容、制定程序、配套工作以及环保法律规范细化等方面,强化环境标准,量化环境权益,使之具有法律上的可操作性、可执行性。

Criterion to Quantify the Environmental Rights: Environmental Standard

In present era of promoting ecological civilization, people＇s awareness of environmental rights is increasing gradually. Fresh air, clean water, beautiful environment are becoming some kinds of interests for people to enjoy. We usually think of seeking protection through legal channels after our environment interests are damaged. However, people＇s environmental rights are extensive and uncertain, which results from the diverse, complex, systematic and variegated environmental factors. At the same time, environment facts are also the basis of environmental rights. With the environment standard, we could make it possible to quantify environmental rights and to guarantee them. This relies on the double features of environmental standard. One is technology, and the other is legality. Therefore, in order to make it possible for operability and enforceability, we should enhance environmental standards and quantify environmental rights in some areas, such as specifying contents, enacting formula, supporting work and laws and regulations.