从规范冲突到协同共生:环境法治进程中的普适性难题及破解

From Normative Conflict to Collaborative Symbiosis: on Problems of Universal Applicability in the Process of Environmental Governance

"十面霾伏"等系列生态危机再次引发各界对环境法治的热议。在美丽中国与生态文明建构中,环境问题的复杂性与环境法的自身特性,决定了环境法治进程中势必面临"普适性"难题。必须正视环境法律规则的"普适性不能"与"普适性不宜"现实,充分培育成文环境法律规则与环境民间规则互助与共生的土壤,在以退为进的简约战略中,实现不同的规则相互填补、试错与契合,推进与优化环境法治。

Series of ecology crisis such as 'house of flying hazes' have rekindled the hot debate among people from all walks of life about the environmental governance by law. During the course of the construction of beautiful China and ecological civilization, the process of environmental governance by law is bounded to face problems of universal applicability due to the complexity of environmental problems and their own properties of environmental laws. We must face up to the reality that the environmental legal rules neither can be universally applicable nor should be universally applicable and should not be universal applicable, and cultivate the soil of mutual aid and collaborative symbiosis between written environmental legal rules and environmental folk rules sufficiently, to realize mutual complement, trial- and- error and coincidence between different kinds of rules and to promote and optimize the environmental governance by law through the simple strategy of retreat in order to advance.