新时代环境法治观的转向:空间思维的应用

The Turn of the Concept of Environmental Rule of Law:The Application of“Spatial Thinking”

受还原主义观影响,在传统立法过程中通常将环境分解为环境或资源要素并以其为调整对象单独立法。在新时代生态文明法治思想推动下,迈入从“分割治理向整体治理异质转向”时期,即以尊重和维护生态系统原真性为出发点,以流域、自然保护地、生态功能区等地域为新的调整对象。面临环境法治观这种转向,在同一时期形成行政的空间、生态的空间和整体的空间三种空间形态,以及各治理规则并行的法律结构。但因新旧思维碰撞以及制度惯性作用,导致诸多法律规范之间存在冲突、重叠等一系列问题。为从根本上化解这些遗留难题,需从认知上同步跨入“从整体治理向空间治理同质转化”这一新的阶段,即在环境法立法当中明确强调空间性关照,实现空间思维普遍化、规范化。

Influenced by the reductionist view,in the traditional legislative process,the environment is usually decomposed into environmental or resource elements and used as the adjustment objects to be legislated separately.Under the impetus of the ideas of rule-based ecological civilization in the new era,we have entered a period of"heterogeneous shifting from fragmented governance to holistic governance",starting with respecting and maintaining the authenticity of ecosystems,and taking river basins,nature reserves,ecological function areas as new adjustment objects.In the face of this shift in the concept of environmental rule of law,in the same period,have come into being three spatial forms of administrative space,ecological space and holistic space,as well as the legal structure of various parallel governance rules.However,the collision of old and new thinking and the inertia of the system have led to a series of problems such as conflict and overlap among many legal norms.In order to fundamentally resolve these remaining problems,it is necessary to innovate from epistemology and enter the new stage of"homogeneous transformation from holistic governance to spatial governance",that is,clearly emphasizing spatial consideration in environmental law legislation so as to realize the universalization and standardization of spatial thinking.