我国环境法的价值基础
发布时间：2018-12-14 04:17
【摘要】： 在人类对自然环境改造的过程中,工业化在促进经济发展和改善人类生活质量方面的确作出了巨大的贡献,但与此同时,环境问题也日益突显出来。人们在生产和生活中大规模地开采矿藏、肆无忌惮地开发利用资源、不计后果地排放废物,使得人类与自然环境的冲突越来越严重。为了人类自身利益的需要,许多国家逐渐认识到保护环境的重要性,制定了一系列的法律、法规,期望以此来缓解人与自然间的紧张关系。中国也加入了这样的队伍中,先后制定了很多保护环境的基本法律、单行法、行政法规、地方性法规等等。必须承认,这些法律法规确实起到了一定的作用,但收效却不是很明显。这就需要我们进行反思——立法的价值根基是否发生了偏离? 本文正是通过对环境法的挖掘、阐释,以期找到以上问题的答案。首先从国外和国内两个角度介绍了环境法的确立过程。其次从我国环境法本身所具有的价值、所要促进的价值和不同价值间的平衡三个方面分析了我国环境法的价值取向。最后,重点论述了环境法的价值根基——人类中心主义和生态主义,即伦理主体向自然环境的拓展、代际正义和代内平等问题的提出以及生态主义在环境法律实践中的渗透。 通过以上的介绍、分析和阐释,我们表明,一方面是在环境法领域,生态主义已经风靡全球,同时进而是人心所向,大势所趋,“人类中心主义”的不足已为人类所认知。另一方面揭示出论证了我国现行环境立法中价值背离的问题。希望我国的立法机关,能够转变立法思路,修改那些不符合环境法价值根基的法律、法规,切实促进社会的可持续发展,并最终实现人与自然的和谐相处。
[Abstract]:In the process of transformation of natural environment, industrialization has made great contributions in promoting economic development and improving the quality of human life, but at the same time, environmental problems have become increasingly prominent. People in the production and life of large-scale mining, unscrupulous exploitation and utilization of resources, regardless of the consequences of the discharge of waste, making the conflict between human beings and the natural environment is becoming more and more serious. For the sake of human self-interest, many countries have gradually realized the importance of protecting the environment, and have formulated a series of laws and regulations, which are expected to ease the tension between man and nature. China has also joined the ranks, and has enacted many basic laws, administrative regulations, local laws and so on to protect the environment. Admittedly, these laws and regulations do play a role, but the results are not obvious. This requires us to reflect on whether the value of legislation has deviated? This paper aims to find out the answers to the above questions by excavating and explaining the environmental law. Firstly, the establishment process of environmental law is introduced from two angles of foreign and domestic. Secondly, this paper analyzes the value orientation of Chinese environmental law from three aspects: the value of environmental law itself, the value to be promoted and the balance between different values. Finally, the value foundation of environmental law, anthropocentrism and ecologicalism, is discussed, that is, the expansion of ethical subject to the natural environment, the issue of intergenerational justice and intra-generational equality, and the infiltration of ecologicalism in the practice of environmental law. Through the above introduction, analysis and explanation, we show that, on the one hand, in the field of environmental law, ecologism has become popular all over the world, at the same time, it is the general trend of the people, and the deficiency of "anthropocentrism" has been recognized by human beings. On the other hand, it demonstrates the problem of value deviation in the current environmental legislation of our country. It is hoped that the legislature of our country will change its legislative thinking, amend those laws and regulations that do not conform to the value foundation of environmental law, promote the sustainable development of society and finally realize the harmony between man and nature.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
本文编号：2377906
[Abstract]:In the process of transformation of natural environment, industrialization has made great contributions in promoting economic development and improving the quality of human life, but at the same time, environmental problems have become increasingly prominent. People in the production and life of large-scale mining, unscrupulous exploitation and utilization of resources, regardless of the consequences of the discharge of waste, making the conflict between human beings and the natural environment is becoming more and more serious. For the sake of human self-interest, many countries have gradually realized the importance of protecting the environment, and have formulated a series of laws and regulations, which are expected to ease the tension between man and nature. China has also joined the ranks, and has enacted many basic laws, administrative regulations, local laws and so on to protect the environment. Admittedly, these laws and regulations do play a role, but the results are not obvious. This requires us to reflect on whether the value of legislation has deviated? This paper aims to find out the answers to the above questions by excavating and explaining the environmental law. Firstly, the establishment process of environmental law is introduced from two angles of foreign and domestic. Secondly, this paper analyzes the value orientation of Chinese environmental law from three aspects: the value of environmental law itself, the value to be promoted and the balance between different values. Finally, the value foundation of environmental law, anthropocentrism and ecologicalism, is discussed, that is, the expansion of ethical subject to the natural environment, the issue of intergenerational justice and intra-generational equality, and the infiltration of ecologicalism in the practice of environmental law. Through the above introduction, analysis and explanation, we show that, on the one hand, in the field of environmental law, ecologism has become popular all over the world, at the same time, it is the general trend of the people, and the deficiency of "anthropocentrism" has been recognized by human beings. On the other hand, it demonstrates the problem of value deviation in the current environmental legislation of our country. It is hoped that the legislature of our country will change its legislative thinking, amend those laws and regulations that do not conform to the value foundation of environmental law, promote the sustainable development of society and finally realize the harmony between man and nature.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D922.68
【引证文献】
相关硕士学位论文 前1条
1 张志可;“天人合一”传统环境伦理思想的当代法律价值[D];云南民族大学;2012年
，本文编号：2377906
本文链接：https://www.wllwen.com/falvlunwen/huanjingziyuanfa/2377906.html
