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从环境立法的价值取向来看,自然权利难以作为环境伦理的核心范畴,也难以作为环境法规的操作性概念;环境权在司法实践中面临着实然性确立问题和确定环境权受到损害的请求问题。国际环境法规在创制方面,它的目标及价值宣示与其执行中所具备的技术、方法、手段不相匹配,可操作性差;在立法利益基础方面,它在名义上是为了维护人类共同利益的结果,而实际上是各种利益主体为了自身利益相妥协的产物。环境伦理的制度化困境意味着环境伦理的实现绝不是平坦之途,但也并不否定环境制度对于环境伦理的承载和转化功能。
Judging from the value orientation of environmental legislation, natural rights are hard to be regarded as the core category of environmental ethics and hard to be regarded as operational concepts of environmental laws and regulations. In the judicial practice, environmental rights are confronted with the problem of establishing substantively and determining the damage to environmental rights . International environmental laws and regulations in the creation, its objectives and value of declarations and implementation of its technology, methods, means do not match, poor operability; in the legislative interests, it is nominally in order to safeguard the common interests of mankind results , But in fact is the product of various interests to compromise their own interests. The institutionalization dilemma of environmental ethics means that the realization of environmental ethics is by no means a smooth one, but it also does not negate the function of environmental institutions in carrying and transforming environmental ethics.