| As a rule to maintain the existence of humans in the nature, in facing the serious living conditions environmental law should deserve the function to mitigate the tension between human and the nature thus achieve the value pursuit for maintaining humans' existence in the nature. In this point, traditional environmental law following western law research perspective on subjects and objects can not achieve its pre-established goal. After viewing traditional environmental law subjects and objects, the author finds that the root for not achieving breakthrough in this aspect lies in the traditional "human" perspective, that is, traditional environmental law insists that environmental legal relationship is between human and human, not between human and nature. It is necessary for environmental law research to break through the human perspective limitation to achieve the pre-established goal. This thesis replaces human perspective with the perspective of harmony between human and nature, putting the relationship between human and nature in the regulating fields of environmental law via perspective switch, extends the regulating fields for environmental law, thus maintains the existence for non-human species groups in the nature by re-construct environmental legal subjects and objects category, and eventually achieves the goal to maintain existence of human as a whole in the nature.The whole thesis consists of three main parts, foreword, text (about 14,000 Chinese Characters) and conclusion.Foreword briefly summarizes the current conditions for environmental legal subjects and object study, explains the study perspective and approaches as well as the breakthrough-to-be.The text consists of five parts.Partâ… is the conflicts between theories on environmental legal subjects and objects. This part reviews the current concepts on environmental legal subjects and objects held by environmental law community, comparing the difference between two contract concepts. There's some difference in the logics held by the two concepts, the former insists that environmental legal relationship is only one between humans, the latter holds that social relationship includes that the relationship between human and nature, therefore environmental legal relationship includes the relationship between human and nature. Beyond our imagination, the two concepts both reach the same idea on environmental legal subjects and objects. Based on this, the thesis reviews the perspective and way of environmental legal subjects and objects. Both the two concepts insist on human perspective, which study environmental legal subjects and objects from human society. Concerning the study route, they both learn environmental legal relationship from its social nature, and they make clear their own concepts on environmental legal subjects and objects based on the definition on environmental legal relationship. In the last part, the author sums up the conflicts and difficulties faced with these two different concepts.Partâ…¡is the perspective switch on environmental legal subjects and objects study. The bottleneck on environmental legal subjects and objects research lies in the "human" perspective. This part first reviews the necessity to switch environmental legal subjects and objects. Based on this, the thesis believes that we have to re-understand the implications on law before we can switch our research perspective. Professor Jiang Shan believes that the understanding on law should be carried out from the review of human history at the very beginning. Based on the understanding on the implication of law, this thesis briefly introduces the law philosophy on the harmony between human and nature, and carries out research on environmental law basic theory from this perspective. The perspective on harmony between human and nature provides a theoretical basis for environmental law surmounting the human limitation. It is held in this part that environmental law surmounting traditional limitation is due to the deteriorating relationship between human and nature under traditional law. The flourish of constructive post-modernism and ecological post-modernism provides support for environmental law science exceeding the limitation of traditional law science. The close relationship between law and ethics makes environmental ethics the inner core of environmental law theory. Traditional natural law and the sound part in ancient Chinese ideas also may help this exceeding. This exceeding is based on inheriting the sound part traditional law science, that is, the new content of environmental law will be filled in the analytical scheme applied by traditional law. The exceeding is also represented by the change of the implications for analytical scheme applied by traditional law. Though environmental law under the perspective on the harmony between human and nature tries to make some breakthrough, it does not mean to replace the relationship between humans in the society with the relationship between human and nature. The whole unified legal system is formed by environmental law regulating the relationship between human and nature and other law regulating social relationship between humans.Partâ…¢is environmental law relationship under the perspective on harmony between human and nature. The definition for environmental law relationship in this part is totally carried out in the perspective on the harmony of human and nature. First, this part examines the traditional law relationship and traditional environmental law relationship. With this help, the puzzle faced by environmental law relationship research is proposed. It is believed that the way out of the puzzle is to change the implications of the law relationship, making it meet the needs of harmony of human and nature. With this help, this thesis put environmental law relationship as an uneven relationship with the contents of rights and obligations between environmental law subjects exceeding the fields of human society and nature regulated by humane environmental law under the direction of law philosophy on the harmony of humane society and nature. This part also believes that the environmental legal relationship under the perspective on harmony between human and nature is different from traditional legal relationship in the relationship mode , the former being an individual to individual mode, while the latter being a individual to group mode.Partâ…£is Environmental Law Subjects under the perspective on the harmony between human and nature. This part examines the system evolution on traditional law subjects, holding that the evolution of legal subjects going through three periods: most natural persons without the position of legal subjects, most natural persons enjoying the position of legal subjects, and entities out of natural persons beginning to enjoy the position of legal subjects. Then the thesis outlines the logic to make a subject in law, holding that the establishment of the legal subject position of a natural person was to be finished along the line of personality, while the establishment of the legal subject position of a non-natural person went through the line of legal capacity, subjects, capacity. At the same time, this part also examines the standards to establish a legal subject in traditional law. With this help, the construction of environmental law subjects is carried out under the view of the harmony of humans and nature. The standard to judge whether an entity could be a subject is to be determined. This part also constructs should-be nature for environmental law subjects under the view of the harmony of humans and nature. After comparing the difference between civil subjects and environmental law subjects, this thesis confines the environmental law subjects as human and part of non-human species groups. Non-human species groups becoming environmental law subjects are based on our knowledge on the relationship between human and nature, therefore not all non-human species groups will become environmental law subjects all of a sudden. The right for non-human species groups are defined as a living right. Only human acts which may affect the living of environmental law quasi-subjects could result in environmental law obligations.Partâ…¤is Environmental Law Objects under the perspective on harmony between human and nature. This part first reviews the objects and legal objects. Traditional legal theory believes that legal objects are what legal rights and obligations lie. Traditional environmental law scholars believe that environmental law objects are things and human acts. From superficial way, there's no difference in this thesis. Step further, this thesis changes the implications of traditional legal objects. All these objects should have the function of maintaining the existence of non-human species groups.Conclusion of this thesis emphasizes and outlines the author's idea. This thesis was carried out under the view of the harmony between human and nature. This thesis first defines environmental law relationship as a kind of relationship different from individual vis individual mode applied by traditional legal relationship, it is a individual via group mode, that is human individual via non-human species group. This change has to be accompanied by the transformation of research paradigm. This thesis therefore consider human and non-human species groups as environmental law subjects, the acts and things as environmental law objects.It is a brave theoretical exploration to carry out study on environmental legal subjects and objects under the perspective of the harmony between humans and the nature. There's still much work to do before it becomes a mature theoretical system to direct our practice, which are long-term and hard task for environmental law research and practice.
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