环境法益研究

发布时间：2019-01-16 08:57

【摘要】：环境法益内涵的模糊性以及定位不清制约着环境法益理论研究。而法律保护的程度直接影响到环境法益保护的实际有效性。因此,准确界定环境法益的内涵和地位,完善环境法益的法律保护,有益于推动环境法益研究进一步开展。通过理论层面的研究发现,以往的环境法理论研究中往往将环境法益等同于环境刑法法益,没有准确把握其本质内涵,环境法益特有的价值并未得到应有的体现。概念是解决法律问题必不可少的工具。因此,揭示环境法益的本来面目,必须首先明确环境法益的概念。所谓环境法益,就是环境法所保护的环境法律主体享有的环境权利和环境利益。与环境刑法法益并不相同,环境法益是一个拥有特定内涵的独立概念,其本质是“全法意义上”的环境法益,是一种兼具公益和私益性质的社会法益。环境法益并不是空想杜撰出来的,它的产生建立在生态学、经济学、法学、伦理学、哲学等多学科基础之上。环境法益具有多重价值,反映了人与自然不同层面的复杂关系,其根本价值在于协调人与自然和谐。进一步研究发现,环境法益的主体只能是人,其内容本质上是整体环境利益,将自然作为主体只是一种立法手段,并没有改变人类的主体地位。从法律术语角度分析,环境法益的内容分为环境权和环境利益；从不同主体利益角度出发,环境法益的内容又包括环境公益和环境私益。通过实践层面的研究发现,目前环境法益法律保护仍有待完善。环境立法虽多,但管用的法律不多；“运动式”环境执法取得短期成效的同时,环境违法仍有禁不止；环境公益诉讼的缺失导致环境法益无法通过司法程序得到有效的保护。究其原因在于,我国环境法律体系缺少对整体环境利益系统有效的保护。因此,我国环境立法应更新立法理念,完善环境立法体系,调整环境立法结构,充实环境立法内容；环境执法中建立健全“三元环境执法监督体系”,逐步完善环境法制,强化执法手段；建立环境公益诉讼制度,同时完善环境诉讼的具体制度,建立相应的程序保障机制。
[Abstract]:The fuzziness and unclear orientation of the connotation of environmental law benefit restrict the study of environmental law interest theory. The degree of legal protection has a direct impact on the practical effectiveness of environmental protection. Therefore, defining the connotation and status of environmental law interests and perfecting the legal protection of environmental law interests are beneficial to the further development of the study of environmental law interests. Through the theoretical research, it is found that in the previous theoretical research of environmental law, the interests of environmental law are often equated with the interests of environmental criminal law, and their essential connotation is not accurately grasped, and the unique value of the interests of environmental law has not been properly reflected. Concepts are essential tools for solving legal problems. Therefore, to reveal the true nature of environmental law interests, we must first clarify the concept of environmental law interests. Environmental law interests are the environmental rights and interests enjoyed by environmental legal subjects protected by environmental law. Different from the legal interests of the environmental criminal law, the interests of environmental law is an independent concept with specific connotations, and its essence is that of environmental law in the sense of "the whole law", which is a kind of social legal interest which has both the nature of public and private interests. The benefit of environmental law is not invented by utopia. It is based on many subjects such as ecology, economics, law, ethics, philosophy and so on. The interests of environmental law have many values and reflect the complex relationship between human beings and nature on different levels. Its fundamental value lies in the harmony between human beings and nature. Further research shows that the subject of environmental law interests can only be human, its content is the whole environmental interest, taking nature as the main body is only a legislative means, and does not change the subject status of human beings. From the point of view of legal terms, the content of environmental law interests is divided into environmental rights and environmental interests; from the perspective of different subjects, the content of environmental interests includes environmental public welfare and environmental private interests. Through the practical level of research, it is found that the legal protection of environmental law still needs to be improved. Although there are many environmental legislation, there are not many effective laws; while "sports" environmental law enforcement has achieved short-term results, environmental law violations are still prohibited; the absence of environmental public interest litigation results in environmental law interests being unable to be effectively protected through judicial procedures. The reason lies in the lack of effective protection of the whole environmental interest system in China's environmental legal system. Therefore, China's environmental legislation should update the legislative concept, perfect the environmental legislation system, adjust the environmental legislative structure, and enrich the content of environmental legislation. In environmental law enforcement, we should establish and perfect the "ternary environmental law enforcement supervision system", gradually perfect the environmental legal system, strengthen the law enforcement means, establish the environmental public interest litigation system, at the same time perfect the concrete system of the environmental litigation, and establish the corresponding procedural guarantee mechanism.
【学位授予单位】：中南林业科技大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D912.6

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