中国古代环境保护法制通考——以土地制度变革为基本线索

The Environmental Legal History of Ancient China:A Research based on the Transform of the Land Rights

将土地制度与环境保护法律制度联系起来,并结合目前存世的各类古籍,可以证明:中国古代环境保护法制经历了从西周时期相对完备到明清时期极度衰弱的演变过程,推动力则是土地所有制变革。秦汉时期封建土地所有制兴起,西周时期与土地原始国有制相适应的环保法制体系开始解体;隋唐时期,新的功能被弱化的环保法制基本成型;明清时期,与高度发达的封建土地私有制相适应,环保法制已经被极度"虚化"。

To analyze the environmental legal system and the land rights of ancient China,to provide with the ancient books of China which still exist,it proves that there was a environmental legal system in XIZHOU dynasty,but this system was degenerating step by step,during the HAN dynasty to MING and QING dynasty.The impetus which leads to this change is the land rights transform.In QIN and HAN dynasty,the land rights began to change from state ownership to private ownership,and the environmental legal system of XIZHOU dynasty,which based on the state ownership of land,began to disorganization.To SUI and TANG dynasty,the new environmental legal system,which had been weakened,was formed.To MING and QING dynasty,the land private ownership had been developed very deeply,and the environmental legal system had been weakened nearly to disappear.