论我国环境法治的宪法基础

On the Constitutional Basis of Environmental Law

为推动环境法发展创新,需要对环境法治的宪法基础和法学理论予以重新系统性审视。基于法理分析和比较法的方法,提出我国环境法正从外生型向内生型的转变,环境法治与现代法治国家建设具有耦合性。环境宪法保护既需要引入新规定,又要对传统法律权益结构予以调整。但独立的环境权还没有实现,环境权益一方面源自传统法律权益,另一方面又对此有所扩张,尤其是在程序性权利上。环境权益与传统法律权益处于平等地位且相互制衡。环境保护同样更需要立法、行政与司法更紧密的合作,立法是基础,行政需要信息与知识权威,司法有利法制统一。在行政权限上,环境保护需要多部门多层级更有效的合作治理框架,并在资源保护与环境保护的理解上有新的跨越。环境法治是我国法治国家建设的重要领域。

To promote the development and innovation of environmental law, it is necessary to systematically re-examine the constitutional basis and the juristic theory of the environmental rule of law. Based on legal analysis and comparative law methods, this paper proposes that China＇s environmental law is transforming from exogenous type to endogenous one. There is coupling between environmental rule of law and construction of a modern country under the rule of law. Protection of environment by the Constitution requires not only introduction of new provisions but also adjustment for the traditional structure of legal rights and interests. However, because the independent environmental right has not been achieved, environmental rights and interests are derived from traditional legal rights and interests, but also expand the scope of the latter, especially in procedural rights. Environmental rights and interests and traditional legal rights and interests are on an equal footing, and reinforce the mutual cheeks and balances. Environmental protection also requires legislation and closer cooperation with administration and judicature. The legislation is the foundation, the administration requires information and knowledge authority, and judicature helps improving unification of the legal system. In the administrative authority, environmental protection requires more effective multi-department and multi-level cooperative governance framework and a new leap forward in understanding of resource protection and environmental protection. Environmental rule of law is an important field in building China into a country under the rule of law.