生态守法论——以环境法治的时代转型为指向

On Ecological Law-Abiding:Based on the Contemporary Transformation of Environmental Rule of Law

随着可直接感受的环境问题逐渐得以控制或基本解决,生态环境法治面临以生态守法为逻辑中心转型的现实需要。生态环境法治一直以来紧紧围绕立法、执法、司法而展开,守法没有得到应有的重视。除了因为守法本身突出的道德性原因外,还因为生态守法要求更高。生态守法是最能体现生态环境法治整体功能、最能引导法治思维生态化转型的概念,是生态环境法治的基石范畴,具有特殊的法治价值。但是,目前生态守法主体性意识普遍存在偏差,对生态价值和生态环境法治认识不足,对行政权力、政治权力过分依赖,忽视整体性环境公共利益,而且,生态守法组织化程度太低。以生态守法为法治逻辑中心推进生态环境法治转型,需要厘清四对关系以强化生态守法动力,采取政府守法为根本、企业守法为中心、政府与社会监管与服务为依靠的生态守法促进与保障模式,建设强制性机制、文化培养机制、支持性机制、激励性机制四类生态守法促进机制,并使其融贯到立法、执法、司法体系中。

while the obvious environmental problems are being under control or solved,the rule of law in ecological environment needs the transformation with ecological law-abiding as the logical center.The rule of law in ecological environment has been closely centered on legislation,law enforcement and judicature.Law-abiding is universally ignored.In addition to the outstanding moral fla-tures of law-abiding itselfl law-abiding havv higher requirement.Ecological law abiding is the concept that best embodies the overall function of ecological environment rule of law and best guides the ecological transformation of rule of law thinking.It is the cornerstone of ecological environment rule of law and has special value of rule of law.However,in the aspect of ecological law-abiding,there is a general deviation of law-abiding subjectivity,a universal lack of understanding of ecological value and the rule of law in ecological environment,an excessive reliance on administrative power and political power,neglect of the overall environmental public interests,and a low degree of organization of ecological law-abiding.To establish ecological law-abiding as the logic center of the rule of law to promote transformation of the rule of ecological environmental law,it needs to sort out four pairs of relations to strengthen the impetus of ecological law-abiding.We should take the government ecological law-abiding as a fundamental,enterprises ecological law-abiding as the center,government and social supervision and service as the dependent power of ecological law-abiding.It isnec-essary to construct four types of ecological law-abiding mechanisms:mandatory mechanism,cultural cultivation mechanism,support mechanism,incentive mechanism,promotion mechanism,ad make them mtegrated into the legislative,lawenforcement,judicial system.