Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlight...Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.展开更多
Personal data rights in the era of big data involve coordination of the protection of civil rights and interests of natural persons on the one hand and the freedom of data companies’data activities on the other.Perso...Personal data rights in the era of big data involve coordination of the protection of civil rights and interests of natural persons on the one hand and the freedom of data companies’data activities on the other.Personal data can be the object of civil rights and as such should be regulated and protected through the system of private rights.The right of natural persons to personal data is aimed at protecting their self-determination interests in relation to those data and thus preventing the infringement of existing personal and property rights due to the illegal collection and use of personal data.Unlike real right,the right of natural persons to personal data is not an absolute right that can be positively employed;it is protected by tort law only if its infringement leads to the infringement of other civil rights.Data companies’right to personal data derives from their factual actions in legally collecting,storing and paying for these data.The data rights of data companies are a new type of property right.Their protection cannot be left solely to anti-unfair competition law;rather,they should receive systematic protection as absolute rights.展开更多
基金the 2021 ministerial-level scientific research project on the construction of the rule of law and legal theory of the Ministry of Justice,“Research on the Construction of China Model of Climate Change Litigation under Double Carbon Target”(Project No.21SFB3028)。
文摘Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.
文摘Personal data rights in the era of big data involve coordination of the protection of civil rights and interests of natural persons on the one hand and the freedom of data companies’data activities on the other.Personal data can be the object of civil rights and as such should be regulated and protected through the system of private rights.The right of natural persons to personal data is aimed at protecting their self-determination interests in relation to those data and thus preventing the infringement of existing personal and property rights due to the illegal collection and use of personal data.Unlike real right,the right of natural persons to personal data is not an absolute right that can be positively employed;it is protected by tort law only if its infringement leads to the infringement of other civil rights.Data companies’right to personal data derives from their factual actions in legally collecting,storing and paying for these data.The data rights of data companies are a new type of property right.Their protection cannot be left solely to anti-unfair competition law;rather,they should receive systematic protection as absolute rights.
