Abstract: Different understandings about the basic rights’functions and selection criteria is one of the major reasons that result in conflicts over whether to include the environmental right into the constitution.Tort between subjects with equal status does not need the constitution’s protection at the basic right level.Paragraph 6，Article 89 of the 2018 Constitution gave the State Council the new authority to lead and manage the construction of ecological civilization. This is a norm that integrates authority and responsibility；its connotation should be interpreted as the establishment of a power mechanism in the field of ecological environment governance different from the mechanism that centers around traditional basic rights. It confirms the state’s power in the construction of ecological civilization with the State Council as the leader and manager in coordination with other state organs. In face of the alienated relationships among the central government，the local governments and the society as well as the chaotic situation caused by conflicts between environmental interests and private property rights，it is necessary to insist on the relativity and particularity of rank judgment on rights and interests，seek coordinated and proportionate rights and interests，clearly define responsibilities corresponding to powers in this respect，to resolve various theoretical and practical contradictions in the field of ecological environment.

Key words: environmental interest, environmental right, construction of ecological civilization, state power；constitution