环境健康权保护的理论路径探析
Study on the Theoretical Path of Environmental Health Right Protection

环境健康权是指免于因环境污染和生态破坏而对人体身体健康和心理健康造成损害和威胁的权利。由于环境健康权兼具公法与私法的特征，单纯依靠私法不足以保护环境健康权益，故需要在公法与私法合作的背景下保护环境健康权益。环境健康权并未在《民法典》中得以确认，以至于法官处理案件存在认知偏差，易出现“同案不同判”的现象。目前，环境侵权制度更多地注重于事后救济，对环境健康风险的事前预防关注度不足。公法手段有利于弥补私法对环境健康风险关注不足的问题，从而更好地维护环境健康权益。
The right to environmental health is the right to be free from damage to and threats to physical and mental health caused by environmental pollution and ecological damage. Since the right to environmental health has the characteristics of both public law and private law, private law alone is not enough to protect the rights and interests of environmental health, so it is necessary to protect the rights and interests of environmental health under the background of cooperation between public law and private law. The right to environmental health has not been confirmed in the Civil Code, so that judges have cognitive biases in handling cases and are prone to the phenomenon of “different sentences in the same case”. At present, the environmental tort system pays more attention to the relief after the event and pays less attention to the prevention of environmental health risks in advance. Public law means can make up for the lack of attention to environmental health risks in private law, so as to better safeguard the rights and interests of environmental health.