法律生态化趋势初探

A Tentative Research Into the Ecological Tendency Towards Law

法律生态化趋势是生态伦理观在法律上的反映 ,从人类中心主义伦理观到可持续发展伦理观的革命是法律生态化的伦理基础 ,正是这种变化了的价值观引发了法律生态化的趋势。这种趋势表现为在确立可持续发展战略的宪法地位以及创设新型权利 ,承认环境组成部分的内在价值及其有限的法律主体资格 ,承认非人类存在物的诉讼主体资格 ,生态本位的立法目的 ,民法生态化等方面。

The phenomenon of the ecological tendency towards law is actually the reflection of the ecological ethical viewpoint on law. However, the revolutionary evolution from anthropocentric viewpoint to the ethical theory of sustainable development is the foundation of the ecological tendency towards law. It is such a transformed values that have issued in the ecological tendency towards law, which is demonstrated in such aspects as: reassuring the strategy of sustainable development the position of constitution, and creating a sort of novel right, favoring the connotative value of the environmental constituents as well as the qualification of legal subject, accepting the subject qualification for litigation of the non-human ecological objects, the purpose of legislation for ecologic chauvinism and the tendency towards ecology in civil law.