环境保护法律机制的生态理性基础

The Ecological Rationale of Law Regime on Environmental Protection

经济社会发展与环境危机是我们面对的矛盾现实境况,然而既有的人类生态理性无法解决这一矛盾。本文反思唯经济发展的政策理性和物质中心的生活方式,提出了地球环境是人类的整体性利益,人在自然界中的利益份额应该设定边界,认识到自身对于自然力量的卑微地位,在人类的精神世界中始终保持对自然的敬畏,在生态理性基础上完善环境保护的法律机制等基本观点,为环境保护法律机制的建立提供了理论支持。

We have to be faced with the contradiction between economic development and environmental crisis. However, the existing ecological rationale cannot solve the problem. The article tries to review the policy rationale, which focuses on economic development, and material-centric lifestyle. And it pinpoints that the environment of the earth involves the whole interests of human beings. The interests of mankind in nature should be divided into shares according to boundaries. The inferior status of humans in front of nature should be recognized and we should always hold the nature in awe in our spiritual world. The viewpoints are further identified that improvement of environmental protection law should be based on correct ecological rationale, which provides theoretic support for the establishment of environmental protection law regime.