Abstract:
The natural resources and the ecology and environment as Commons usually encounter two major tragedies: one is the “tragedy of the commons” in which quality is impaired by overuse, and the other is the “tragedy of the anticommons”in which the number or scope of the land is reduced by excessive exclusion. The right to using Commons is the right for the public to use Commons directly, freely and non-exclusively. The deterioration of the quality and the reduction of the quantity or scope of the Commons will violate and restrict the right to using the Commons. Because Commons is comprehensive, we should comprehensively protect it with the help of with the public right system and the private right system. In allusion to the “tragedy of the commons”, indirect relief and direct relief of the right to using Commons will be achieved by virtue of private interest litigation and public interest litigation in private law; the protection of the right to using Commons will be achieved by interpreting constitutional rights and administrative law rights in public law. In allusion to the “tragedy of the anticommons”, we can establish the “Commons” system, improve the “public easement” system and ecological damage compensation system in private law; build a path of the basic rights of citizens - state obligations or state objectives clause - the path of state obligations in private law to prevent the occupation of Commons by public authorities and urge the state to ensure the sustainable supply of Commons.