解读生态法学

On the Relationship Between the Ecological Law and the Environmental Law

近年来,有关生态法学研究的著述和论文不断增多。有学者认为相对于“环境法学”而言,“生态法学”才是一个更为科学和确切的名称,两者不仅在称谓上存在差异,在内容上也有本质的不同。然而,仔细分析上述观点的理由,可以发现两者在内容上并没有本质的不同。也有学者从生态法学调整人与自然的关系,一切生命体均是法律主体出发,论证生态法学的独立地位。这种论证由于涉及到整个法律主体理论的重大争议,因此难于被人接受和认同,而且作为一个学科名称,“环境法学”为国际国内沿用已久。因此,没有必要用生态法学来取代环境法学。

More and more papers and books about Ecological Law have appeared constantly in recent years. Most scholars think that that there isn't notable difference between the Ecological Law and Environmental Law. But there also exists a kind of viewpoint which holds that the Ecological Law and Environmental Law have essential differences in the content. Through careful examination, a different conclusion comes out. Some scholars think the Ecological Law regulates the relationship between the human and the nature and all lives should have qualification of legal subject, so the Ecological Law is a new research field. But this radical argument hasn't theoretical stringency because it lacks sufficient demonstration.