Abstract:Ecological welfare was proposed due to the lack of legal safeguard for public ecological interest. Governments offer ecological welfare as a benefit to meet public living needs and societal development requirements. In conformity with the basic characteristics of legal rights, ecological welfare takes a new form of legal interest. It is not only a pure moral interest stemming from public health, but it is also a new type of human right resulting from public ecological right that needs legal protection. To facilitate the protection of ecological system, transformation of ecological welfare into right and guaranteeing public ecological welfare are both required, which has been proved crucial by practice across the world.