摘要
环境权说在日本的出现是后发展国家在不可回避的时空压缩条件下对落后国家面临的发展问题、环境代价问题、理论救济问题这三个原本应该逐一加以解决的问题的一次"集中解决",是面对经济增长与环境危机之间的矛盾、产业行为与国民福利之间的矛盾而病急乱投医的无奈选择,是未经充分论证就"仓促出炉"的带有提倡者的主观偏好的观点。
Environmental right theory appeared in Japan is a once and holistic solution of the three problems of developing,environmental cost,theory redress of undeveloped countries under the unavoidable time and space compressed situation,which should have been solved one by one. It is also a have-to choice at the contradiction between economy increase and environmental crisis,and the contradiction between industrial behavior and national welfare. It is a subjunctive and hasty decision by some advocators which is far from being sufficiently proved.