Abstract:There are a general debate on environmental right in the academic world, and some difficulties in the process of environmental right legislation as well. For example, there is a lawmaking difficulty in the selfish environmental right, constitution environmental right does not work effectively in practice, it's hard to keep compatible between environmental right and other rights, and it's troublesome in public interest litigation. Some new ideas are efficient to get out of the way, such as turning the focus from environmental exploitation to the harmonious coexistence of human beings benefit and ecological benefit, advocating the environmental incumbency to be the central point, enhancing the support to citizens from tort law, making procuratorial organs the principal part in the public interest litigation.