Outline For The Humanistic Spirit Of Environmental Law

Humanistic spirit is not some kind of fixed essence, it is one conception which need to enrich its connotation unceasingly based on historical development and vicissitude. Therefore humanism spirit is always a changeable time-words.For all this, humanistic spirit so-called always include generally some basic meanings of value judgment, namely it is philosophic cognition which takes people as the value and measure; human which is the center must be respected and human's all-around development is its final target. Regarding this point, should have not any dispute. People-oriented spirit as the essence of the law must be embodied in each division of the system of law. Humanistic spirit of environmental law as a core value idea which takes people as value orientation and the value pursue is legal expression of the human-oriented conception. However, to carry forward humanistic spirit by environmental law lies in to establish and develop one kind of new world outlook of ecology humanism for environmental law from idea to legal system and attempt to provide green legal operation navigation aid for the harmonious relationship between human and nature and human's dignity survival in the environment.To take care of human and respect people cannot leave naturally environment related to human survival out. On the contrary, we should give nature the humane care deeply. The nature and the humanities are not opposite conception. Human and nature are whole unity. Therefore, the humanistic spirit in the environmental law is not only the manifestation of human-oriented on the basis of acknowledge and safeguard person's benefits and demands but also the humanistic spirit of containing intrinsic the humane care to nature. Undoubtedly, we should attach importance to ecological responsibility. The narrow conception of legal value must be changed. We said precisely that the humanistic spirit of environmental law in this significance should be that of one kind of thinking mode of ecologicalization which know and coordinate correctly the relationship between human and nature because of the involvement in factor of ecology; should be that of the transformation and renewal of legal idea caused by the reconsideration to natural view of the tradition; should be that of one kind obvious of humanistic guidance of ecological trend in law; should be that of one kind of respecting nature which advocate humane treatment of nature, use of nature, control of nature, according to the ecological principle in the harmonious coexistence.Obviously, humanistic spirit in the environmental law perhaps has a more official intention of theory. that is excavation and explanation of ecological humanism. Namely treatment of the relationship between human and nature through one kind of dialectical thought and advocates to expand human self-concern at the same time in traditional humanistic spirit to nature not only to take people as center of value, attach importance to the survival and development of human being but also must treat nature kindly and to fulfill the duty to nature that should to do. Frankly speaking, ecological humanistic spirit request that we should change attitude to relationship between human and nature in both theory and practice, namely turn the relationship between human and nature from domination to partnership and coexistence; from claim to feedback and compensation; from the rights to control nature and the duty to which should to do nature separately into becoming unification both right and duty.Humanistic spirit toward ecology is a basic conception on which we should insist in the understanding environmental law and a basic clue which we explain the humanistic spirit of environmental law. Based on this, this article mainly elaborated on humanistic spirit of environmental law from six aspects including relations between humanistic spirit and environmental law; the background of humanistic spirit of environmental law and the survival of dignity of human being; humanistic spirit of environmental law pursuit of the value; the rational construction of humanistic spirit of environmental law; the humanistic examination of idea and system in environmental law as well as the development of environmental law in contemporary China and so on. The viewpoint explained theoretically in this article mainly has:First, humanistic spirit is the rational basis in environmental law. As to the relations between law and person, the inherent attribute of law is to respect person. Law is not the other thing, as the tool or means to maintain and promote people's pursuit for happiness, freedom and consciousness and overall development, law shall take human-oriented as fundamentals. It is because humanistic spirit that environmental law should establish the mechanism of value to respect human value, defend human dignity, justify human individuality in order to confirm and safeguard the widespread freedom and rights obtained by the social main body in law.Second, humanistic spirit of environmental law is one of kind of humanistic spirit toward ecology. Humanistic spirit toward ecology is one kind of new type in humanistic spirit refined and excavated from environmental law. It conforms to the intrinsic attribute of environmental law and it is of promotion and development of humanistic spirit in environmental law. For reference to humanistic spirit toward ecology, we shall have a new breakthrough on the basis of reconsidering environmental law itself in order that we can discover,identify, infer a ideal rule and procedure, or provide with one kind of new basic idea and thinking mode based on humanistic spirit toward ecology for environmental law. It is the goal of study in this article.Third, modernization of environmental law is of the modernization of humanistic spirit. In process of modernization, we should pay great attention to the formal rationality but the value rationality is very important. In the final analysis, the modernization of environmental law is a process and one method but not a final goal. Through this way to achieve human's overall development is the ultimate objective of environmental law in process of modernization.