法律论文参考范文-环境法律的主体与客体-As a rule to maintain the existence of humans in the nature, in facing the serious living conditions environmental law should deserve the function to mitigate the tension between human and the nature thus achieve the value pursuit for maintaining humans’ existence in the nature. In this point, traditional environmental law following western law research perspective on subjects and objects can not achieve its pre-established goal. After viewing traditional environmental law subjects and objects, the author finds that the root for not achieving breakthrough in this aspect lies in the traditional "human" perspective, that is, traditional environmental law insists that environmental legal relationship is between human and human, not between human and nature.
It is necessary for environmental law research to break through the human perspective limitation to achieve the pre-established goal. This thesis replaces human perspective with the perspective of harmony between human and nature, putting the relationship between human and nature in the regulating fields of environmental law via perspective switch, extends the regulating fields for environmental law, thus maintains the existence for non-human species groups in the nature by re-construct environmental legal subjects and objects category, and eventually achieves the goal to maintain existence of human as a whole in the nature.The whole thesis consists of three main parts, foreword, text (about 14,000 Chinese Characters) and conclusion.Foreword briefly summarizes the current conditions for environmental legal subjects and object study, explains the study perspective and approaches as well as the breakthrough-to-be.The text consists of five parts.
PartⅠis the conflicts between theories on environmental legal subjects and objects. This part reviews the current concepts on environmental legal subjects and objects held by environmental law community, comparing the difference between two contract concepts. There’s some difference in the logics held by the two concepts, the former insists that environmental legal relationship is only one between humans, the latter holds that social relationship includes that the relationship between human and nature, therefore environmental legal relationship includes the relationship between human and nature. Beyond our imagination, the two concepts both reach the same idea on environmental legal subjects and objects. Based on this, the thesis reviews the perspective and way of environmental legal subjects and objects.
Both the two concepts insist on human perspective, which study environmental legal subjects and objects from human society. Concerning the study route, they both learn environmental legal relationship from its social nature, and they make clear their own concepts on environmental legal subjects and objects based on the definition on environmental legal relationship. In the last part, the author sums up the conflicts and difficulties faced with these two different concepts.PartⅡis the perspective switch on environmental legal subjects and objects study. The bottleneck on environmental legal subjects and objects research lies in the "human" perspective. This part first reviews the necessity to switch environmental legal subjects and objects. Based on this, the thesis believes that we have to re-understand the implications on law before we can switch our research perspective. Professor Jiang Shan believes that the understanding on law should be carried out from the review of human history at the very beginning. Based on the understanding on the implication of law, this thesis briefly introduces the law philosophy on the harmony between human and nature, and carries out research on environmental law basic theory from this perspective.