环境法调整对象的应然与实然

环境法的调整对象是环境法学的一个基础性理论问题。环境伦理并不能为环境法调整“人与自然”关系提供充足的论据 ,而且在现实法律形态下也存在诸多障碍。学界对环境法调整对象的分歧 ,根本上渊源于对“法”概念的不同认识。

In the province of Environmental Law, what is the object of its regulating is a basic problem. The doctrine of environmental ethic couldn't sufficiently support the argument that Environmental Law regulates the relationship between human being and the nature. And also, this kind of viewpoint is difficult to observe in actual. In fact, the divergence in opinion of it is resulted from the different perspective of the concept of 'law'. The more practical way is to construct a legal system of Environmental Law, according to the thoughts of sustainable development.