试论人与自然关系的法律调整

Study on the Law Regulation of the Relationship between Human and Nature

当代环境问题的深刻根源之一乃是我们的社会还未像解决人与人之间的关系那样建立起一个有效的调整人与自然之间关系的法律规范体系。法律只有将人与自然的关系纳入其调整对象的范畴才能从根本上解决当前日益严峻的环境危机。基于以上认识,从哲学、法理学及法律实践3个方面论证法以人与自然的关系为调整对象的必要性与合理性,并初步构想了法律调整人与自然关系的方式与途径。

The penetrating root of the problem of environment at this time is that our society hasn＇t built an effectual legal system which could adjust the relationship between human and nature just like it adjusting the relationship between human beings.It will deal with the more and more serious environmental crisis if law makes the relationship between human beings harmonious as its object.Based on the aforesaid argumentation,the article argued the necessity and reasonableness of that the relationship between human and nature being the regulating target of law from philosophy,jurisprudence and legal practice.At last,the paper conceived the method that how the relationship between human and nature can be regulated by law.