论传统私权保护理念在环境法价值追求中的局限性

The Limitations of the Ideas to Protect Private Rights in the Values and Pursuits of Environment Laws

环境问题是当今世界各国普遍存在的一个问题。传统法学理论体系是以私权本位的民商法为基础建立起来的,强调私法自治,以追求个人福利和对个人利益的保护和终极关怀为利益诉求,而这些精神和理念却与现代环境法的宗旨和价值追求相矛盾,在解决环境问题时捉襟见肘,暴露出诸多缺陷和弊端。本文试图从环境法的价值追求角度,讨论传统私权保护理念对保护环境和规制资源破坏行为的不适应,从根本上预防和缓解由于环境恶化所带来的生态危机,以真正实现人类经济社会的可持续性发展。

Environmental pollution is a universal problem which is common to almost every country in the world now. The traditional system of law theory originated from the science of civil and commercial law which has the protection of civil and private right as its principal point. It emphasizes private law and self-government and aims at achieving personal welfare and concerning about and protecting private interests. As a result, these law spirits and ideas are contradicted with the aims and values of the modern environment-protection laws. They prove to be insufficient an invalid in dealing with the environmental problems, which expose its several flaws and abuses. This paper is devoted to exploring the phenomenon that the traditional law ideas to protect private right is not applicable to the environmental protection and the restrictions of resource-destroying behavior from the aspect of pursuits and values of environment laws. And this paper aims at finding the law ways to take precautions against or reducing the ecology crisis resulted from the deteriorating environment and to achieve the sustainable development of economic and society.