摘要
《孟子·告子下》中有一則「以鄰為壑」的故事。白圭自誇治水本事比大禹還强。孟子則指出:兩者有高下之分,因「禹之治水;水之道也;是故禹以四海為壑。今吾子以鄰國為壑;水逆行謂之涤水。涤水者;洪水也。仁人之所惡也;吾子過矣。」白圭治水違背了「己所不欲,勿施於人」的倫理準則,還將負外部性後果强加於鄰國。這種以鄰為壑的行為歷來備受詬病。2016年貴州省六盤水市六枝特區人民檢察院訴貴州省安順市鎮寧布依族苗族自治縣丁旗鎮人民政府環境行政公益訴訟案(以下簡稱六枝案),正是借助司法治理手段糾正以鄰為壑行為的典型案例。
In Gaozi Ⅱ of the Works of Mencius, there is a story of “beggar-thy-neighbor” where Bai Gui boasted himself of his river tamer skills better than those of Da Yu. But Mencius pointed out that one of them was better than the other because “Yu's regulation of the waters was according to the laws of water. He therefore made the four seas their receptacle, while you make the neighboring states their receptacle. Water flowing out of its channels is called an inundation. Inundating waters are a vast waste of water, and what a benevolent man detests. You are wrong, my good Sir.” Bai Gui harnessed water against the ethical principle of“do not do to others what you do not want done to yourself” and inflicted adverse external consequences upon neighboring countries. Such kind of beggar-thy-neighbor behavior has always been an object of criticism. The environmental administrative public interest litigation lodged by the People's Procuratorate of Liuzhi Special District, Liupanshui City, Guizhou Province against the People's Government of Dingqi Town, Zhenning Buyi and Miao Autonomous County, Anshun City, Guizhou Province (hereinafter referred to as the Liuzhi Case) in 2016 is a typical example of correcting the behavior of beggar-thy-neighbor by means of judicial governance.
作者
劉藝
Liu Yi(School of Law-based Govemment of China University of Political Scienee and Law)
