环境法学研究的转身--以环境与健康法律问题调查为例

Turnaround of the Research in the Environmental Law——A Case Study of the Legal Issues of the Environment and Health

近年来发生的多起严重环境污染造成人体健康问题事件,对环境法提出了新的挑战。我们从一个环境与健康问题的社会学调查中,发现了其弊端:环境法理论对现实问题解释力不足,环境法条文对复杂的环境社会关系执行力不够,引进的环境法制度对我国适用性不强,研究成果无数却无法提出切实解决问题的方案。究其原因在于:环境法学研究的性质并未厘清,环境法知识共同体尚未形成,环境法学研究远离实践。为此,必须实现环境法研究的转变,由一种"语言"转向多种"语言",由书斋转向市井,由"照着讲"转向"自己讲",由"法律知识"转向"法律化的科学知识"。

Environmental law is facing new challenges for numerous serious human health problems caused by environmental pollution incidents. We have found some drawbacks from a sociological survey on the environmental and healthy issues. These defects are as follows： Firstly, environmental theory lacks the explanatory power of the practical problems. Secondly, environmental law provisions are difficult to be executed in the complex environment of social relations. Thirdly, a large number of foreign environmental law systems have been introduced into China, but they are not strongly practical. Finally, though we have a lot of findings, they cannot come up with practical solutions to the problem. The primary causes of these problems lie in the fact that the nature of environmental law research is not clarified, the same knowledge system of environmental law has not been reached, and the research of environmental law frequently retains away from the practice. Therefore, the research method of environmental law is badly needed to expand from one subject language to diverse subject languages, from theory to practice, from imitation to use, and from legal knowledge to ＂legalized＂ scientific knowledge.