Research On Environmental Legal Relationship Under The Harmonious Idea

The construction of socialism harmonious society involves a lot of aspects and embodies in a variety of social relationships. There are close relationships between ecological civilization and construction of socialism harmonious society. For the human being has attached too much importance to meet our needs over a long period of time, overlooking the protection of ecological environments, which has caused tensional relationship between human being and nature. While, the human being has being has suffered by a lots kinds of environmental problems which are very serious. There are lots of reasons for it, on the institutional aspects, many disadvantages related to environmental laws which play important role in protect ecological environment are important reasons for the difficulty in solving environmental problems, these advantages lies in both theory and institutional designing and implement. Under such background, this paper chose the environmental legal relationship theory as subject investigated, using comparing methods,normative analysis and positive analysis method synthetically, expounding the fundamental theory of value orientation, subject,content and object of environmental legal relationship, then advance my proposition on how to construct harmonious environmental legal relationships in order to improve the practical function of environmental law.This paper consists of six parts including the Introduction. In the Introduction, we deal with background and significance of selected topic,research methods and its innovation. The harmonious relationship between human being and the nature is one of the fundamental contents of ecological civilization which is necessary basis of the construction of socialism harmonious society. We are in confronting of serious ecological environment problems which we should take into consideration conscientiously, relocation the relationship between human being and the nature along with improving legal system on ecological protection are two key measures. The scholars have gained lots of achievements in environmental law, while, there still many problems especially in long-time disputes on fundamental theories of environmental law, which affects the construction of environmental law and its function. This paper advanced that the environmental legal relationship is the central part of environmental law, but the current research on it always focuses on one aspect or factor of it which is obviously not enough. It is necessary for us to make deep research on environmental legal theory systematically so as to promote the improvement of environmental legal relationship which makes theory significance and practical value of this paper.In Chapter One, we deal with the definition of the environmental legal relationship and the value location of environmental legal relationship. The legal relationships are always defines as relationships between persons on rights and duties which are modulated by laws. The author of this paper considers that the definition above has some advantages for it is based on civil law and overlooks the specialty of other departmental laws. Accordingly, this paper defines environmental legal relationships as environmental relationships among persons modulated by environmental law that take rights and duties as its contents. Environmental legal relationship is composed by subject, object and contents which has synthetically character, and it is the relationship among persons in essence, not between human being and the nature.The value of law is a problem that should not be neglected in every departmental law. The value of environmental law is multiple, then, the harmonious is of the first importance, the other values such as justice, fairness, safety and efficiency are all contained in it. On the environmental ethics, most of Chinese scholars focus on the disputes between human being centre and ecology centre, other scholars considers that we should take sustainable development as the basic environmental ethics. This paper advances that the purpose of human being centre and ecology centre is coincident, sustainable development does not belongs to environmental ethics itself, the environmental ethics behind continuable development is harmonious coexist, which is more comprehensive and exceeds the two environmental ethics above, so it should be the principal ethics basis of the entire environmental law. For the implement of environmental law and the realization of environmental ethics must be achieved by environmental legal relationship, so the value vocation of environmental legal relationship should be consist with environmental ethics so as to take harmony as the first value for environmental legal relationship. The harmonious concept almost affects every aspect of our social development by constructing harmonious society now, it embodies in relationships between human being and nature, among persons and between body and mind. Among these relationships, the relationships between the human being and the nature are the fundamental one which decides the harmonious degree of the other two. The harmonious value is of highly multiple characteristic which contains justice, safety, welfare and efficiency which forms a complete value system for environmental law.From Chapter Two to Chapter Four, this paper deals with the three elements of environmental law, including subject, object, and content, it makes some improvement and adjustment according to the specialty of environmental law in the three aspects above in the basis of tradition legal relationship theory.In Chapter Two, we rethink and revise the environmental legal relationship. First, it reviewed the traditional legal relationship theory, including its definition, judgment standard and evolution, pointing out the challenges it faces. These challenges mainly lie in the legal position of not natural person entity. This paper advances that the subjects of environmental legal relationships are all the persons and social relationships governed by environmental law directly or indirectly. Accordingly, the author considers that the subject of environmental legal relationship should consist of natural person, legal person including public legal person and private legal person and other social organizations. Both one person and the entire humanity can become the subject of environmental legal relationship. After that, this paper discusses the position of the nature, animals and later generations as the subject of environmental legal relationship in turn which have been hot spots in environmental law field, meanwhile, lots of challenges points to these problems. After serious consideration, the authors advanced what laws govern are relationships among persons in reality, so the nature and later generations should not be taken as subjects of environmental legal relationships. In order to overcome the disadvantages of traditional subject theory of environmental legal relationship solve the challenges it faces, the author advance the carriers theories of environmental legal relationship which refer to the subjects who bear legal relationships in practice. Then, we can analysis the reason why the nature and later generations can't become the subject of environmental legal relationships and make great revision of it by using this theory.In Chapter Three, we deal with the content of environmental legal relationship. According to the traditional legal relationship theory, environmental law relationship includes environmental rights and environmental duties. This paper considers that environmental legal relationship takes environmental rights and environmental duties as its fundamental contents, besides, it is also consists of environmental authority and environmental obligations. Within these four elements, environmental right is the one that got the most attention; lots of researches have been made on it. The advance of environmental law was not occasional; it has complex and profound reasons. The scholars have developed many classical theories on the fundamental problems of environmental rights, this paper chooses some of them to expound, pointing out the academic dilemma they are facing. As the fundamental content of environmental legal relationship, the environmental rights include environmental personal rights and environmental property rights enjoyed by the subjects of environmental legal relationships which affected by environmental actions. Besides, environmental duties and environmental authorities are both important contents of environmental legal relationships. Environmental duties are obligations or omissions born by the subjects of environmental legal relationships in order to realize the environmental rights. Environmental authorities are powers shared by government agency or officials so as to take the performance of official business on environmental managements and environmental protection according to environmental law. Environmental obligations are unfavorable consequences born by the subjects of environmental legal relationships for their lawbreaking or violation of environmental contracts with other subjects.In Chapter Four, we expound the object theories of environmental legal relationships. Scholars have made agreements on the definition of the object of environmental legal relationships, namely the object pointed to by the rights and duties of subjects of legal relationships, but they have different opinions on the range of this object. The author considers the objects of environmental legal relationships are environmental legal actions. Affected by jurisprudence, some scholars equate the object of environmental legal relationship with the object of environmental rights. The author considers that the objects of environmental legal relationships are environmental actions, namely deeds and omissions undertaken by the subjects of environmental legal relationships according to environmental law. In order to explain the bearings between the objects of environmental rights and the objects of environmental legal relationships, this paper introduces the carrier theory of environmental legal relationships, it has contents as follows:the objective environmental elements pointed by environmental actions are the carriers of environmental benefits modulated by environmental law, they are not only object of environmental rights but also the objects of environmental legal relationships. The carrier theory of environmental legal relationships can make clear among the object of environmental rights, the objects of environmental legal relationships and the contents of environmental legal relationships. So, to definite the objects of environmental legal relationships as environmental actions and introduce the carrier theory of environmental legal relationships have reconstruct the object of legal relationship and revise the environmental legal relationship theory to some degree.On the basis of the research in four chapters above, Chapter Five advances the propositions on how to construct harmonious environmental legal relationships at the practical aspect which include substantial construction and procedural construction. Substantial constructing concentrates on the three elements of environmental legal relationship, it is required to set harmonious concept in dealing with relationships between human being and the nature, meanwhile, harmonious concept should also embodies in the setting of the content of environmental legal relationships in order to govern the object of environmental legal relationships better. Procedural construction focuses on the remedy of environmental rights and the controlling of environmental authority, asserting that remedy institution and procedural norms should be set up.