The Analysis on the Environmental Right from the Perspective of Property Legislation

Almost every country in the world has to deal with the dilemma of resource utilities and environmental protection along with the development contemporarily. The key to solve environmental problem in term of Chinese property law, is the internalization of environmental obligation as one power of ownership: " The environmental noneconomic benefit” is recognized and introduction into the property legislation as well as " the environmental unutilized behavior”. The environmental power, which is under the supervision by the administrative system, not only be reasonably allocated among owners, operators, users, consumers of natural resource based on ownership division, but be harmonized with the traditional economic utility of natural resource.