环境法学视阈中环境利益的本质与定位

The Essence and Location of Environmental Interestsfrom the Perspective of Environmental Law

环境利益是在环境污染、生态破坏等环境问题、生态危机背景下提出的,其所承载的是人们对一个安全、健康、舒适、良好环境的诉求。究其实质而言,环境利益是环境生态功能的体现,具体表现为环境构成要素及其交互作用所产生的对人的生态需要的满足。从利益表现形态上看,环境利益可以是物质、能量形态的利益,也可以是环境构成要素交互作用所产生的一种功能、效用状态的利益。环境利益虽与部门法所确认的传统人身利益、财产利益密切相关,但在利益客体、属性、形态等方面与传统利益不同,是一种应受法律规范确认和保护的独立的利益形态。

The concept of environmental interests,put forward in the context of environmental problems and the ecological crisis such as environmental pollution and ecological damage,is carrying the people s demands for a safe,healthy,comfortable and good environment.In essence,environmental interests are the expression of ecological functions of the environment,which are embodied by the satisfaction of the ecological needs of people caused by environmental components and their interactions.From the perspective of interests performance,environmental interests can be the interests of material and energy forms,and the interests of function or utility forms which are produced by the interaction of environment components.Although the environmental interests are closely related to the traditional personal interests and property interests recognized by the department laws,they are different from the traditional interests in terms of interests object,attributes and forms.As a result,the environmental interests are independent of the traditional interests and should be recognized and protected by legal norms.