中国环境法学研究的现状与问题——1998—2003年中国环境法学研究状况调查报告

The Status Quo and Problems of Environmental Law Study in China

从对1998-2003年六年间中国环境法学者著述的文献引证、环境法学术论文的数量、选题、发表刊物以及环境法学者的分布、学历和职称背景等状况的调查分析可以看出:中国现阶段法学研究的总体水准不高以及法学研究的重点、热点、难点和前沿课题分散等,是制约环境法学术水准朝向纵深发展的外在因素;环境法学的交叉学科性质、环境法学者人数相对较少、总体法学素养的相对低下、相关环境课题的广泛导致选题不集中等,是制约环境法学术水准朝向纵深发展的内在因素。提高中国环境法学术水准的核心,是环境法学者必须明确现阶段环境法学研究的历史使命,注重自身学术思想的组织形式和研究的价值取向,以及在研究方法上擅于发挥法学交叉学科研究的综合优势。

In the point of empirical methods, the paper makes a thorough investigation and analysis in the following aspects: literature quotation of the works of Chinese Environmental jurists during the six years from 1998 till 2003; the quantity, topic selection and publication of environmental law articles; as well as the distribution, record of formal schooling and professional background of environmental jurists. The thesis points out that the environmental law in China as a new legal subject still in the lower level compared with other legal subjects, although it has developed into the legal subject of second level since it was created in the early 80's of the 20th century. The paper holds that the recent low level of legal study in China along with the scatter of legal study in main points, hot points, difficult points and front tasks are the outside factors restricting the more thorough development of environment legal study; the character of environmental law as a cross-subject, the smaller quantity and lower legal accomplishment in general of environmental jurists, the scatter of topics selection due to extensiveness of relative environmental tasks are the internal factors restricting the more thorough development of environment legal study. In the end, the paper points out the central problem of elevating the academic level of environmental law in China is that environmental jurists must make clear the historic tasks of present environmental legal study, pay attention to organization of self academic thought and value inclination of study, along with giving full play to the integrated advantages of cross legal subject study in methods.