Enlightenment Of Environmental Law Epistemology To Environmental Legislation

With the rapid development of human society and the gradual acceleration of the development of science and technology and industrialization,the destruction of nature is deepened,and the contradiction between man and nature is gradually intensified.Since the 19 th CPC National Congress,the epistemology of environmental law,guided by the idea of ecological civilization,has been identified as the most suitable epistemology of the contemporary environmental law,but in view of why the epistemology guided by the idea of ecological civilization is the most suitable epistemology,The author thinks that it is necessary to seek the answer in the gradual development of the epistemology of environmental law,and to realize the necessity and rationality of the construction of ecological civilization more deeply,so as to perfect the environmental legislation system of our country.This article attempts to expound "anthropocentrism" and "ecocentrism" through the development process of "mechanical theory" to "ecological holism","social contract theory" and "ecological contract theory" in the epistemology of environmental law.Furthermore,the concept of harmonious development produced by the controversy between "anthropocentrism" and "ecocentrism" leads to the idea of ecological civilization construction of the 19 th CPC National Congress,and proves the necessity and rationality of its existence.The theory of ecological civilization is regarded as the result of the combination of "anthropocentrism" and "ecocentrism",and leads the epistemology of environmental law to develop to the next step.Then through the study of the concept of ecological civilization and the experience of the construction of ecological civilization abroad,this paper puts forward the author’s thoughts and opinions on the perfection of environmental legislation under the concept of ecological civilization in China.The first chapter starts with expounding and defining environmental law and the particularity of environmental legislation,combing and analyzing the definition of environmental law through three main points of view in the early stage of our country,and confirming the starting point and purpose of environmental legislation in our country.Emphasis is placed on the importance of theoretical issues to the practice of environmental legislation in China.The second chapter explores the deepening process of environmental legislation theory through the comparative analysis of "traditional mechanical theory and ecological holism" and "social contract theory andecological contract theory".Thus,it points out the influence of epistemology on environmental legislation and the embryonic form of ecological civilization concept,and brings forward the idea of ecological civilization from the "harmonious development view" under the dispute of "anthropocentrism" and "ecological centralism",and then points out the influence of epistemology on environmental legislation and the embryonic form of ecological civilization.Rather than importance and correctness.The third chapter puts forward the necessity of perfecting the environmental legislation of our country by taking the concept of ecological civilization as the core epistemology,through the development and the change of the purpose of the environmental legislation in our country.In the fourth chapter,through the influence of the epistemology of environmental law of ecological civilization on the theory and practice of foreign environmental legislation,some opinions on perfecting the environmental legislation under the construction of ecological civilization in our country are put forward.