The Influence Of The Confucian Environmental Ethics To The Chinese Environmental Law

Law and ethics are all social criterion in essence. On the view of structure, the whole social criterion contains value conception and action rules Ethics and law are being confused and not apparently differentiated in the ex-modern society when the value is unitary But in modern society, the multi-value results in that ethics separates from law in forms, and they are independent from each other, that is to say, ethics mainly influence on the conception of value and law mainly embodies regulation of actions, and both of them carry out obeying its own rule and play the role in their respective fields. So, how to handle the relationship between ethics and law are critical to the success of rule of law. And the method of modern rule of law is to achieve "law moralized" by means of "legislation of moral". As a result, the differentiation and choose of ethics recourses is the first important step to achieve the rule of law.Environmental ethics, which has significance on rule of environmental law, is the value basis and proper recourses of environmental law, and is helpful to successfully carry out environmental law and reasonably resolve concrete problems. But not all the morality theory or ethics proposition can be used as the theoretical basis of rule of environmental law. Which environmental ethics should be the one built on in the process of the construction of China’s rule of environmental law? In what respects should the selected environmental ethics influence Chinese environmental law, which namely, how to achieve such environmental ethics "law moralized" and "legislation of moral" goal, and what instructions does such environmental ethics give to China’s environmental law development? These problems are inevitable problems in China’s environmental law development process. This paper is based on these ideas, which analyzed the Chinese national spirit of Confucian ethics, and demonstrates the influences of the Confucian environmental ethic to Chinese environmental law from theory to practice until the influence on the development direction.Beginning with chapterⅠ, the analysis comes into relations between ethics and law, expounds ethics and law are two kinds of social norms can not be separated and opposite to each other. The spirit of the law, the value concepts of law, content, implementation, and the basis of law changes, would be subject to Ethics. Integration of ethics and law, refers to some of the selected ethical values translate into the legal values according to the legal proceedings, and through law development and law implementation, a number of legal values, principles and ethics translate into the moral values, principles and norms which people observe, that is "law moralized" and "legislation of moral". Then the article objective evaluates that two kinds of environmental ethics, which Play important roles in the development history of Chinese environmental law. The traditional "human centralism" ethics is essentially human chauvinism of "conquer" and "dominant" nature, which causes ecological crisis. "Non-human centralism" ethics ignoring the human’s center position, false talking about the natural rights, is not only unrealistic but also helpless to solve ecological crisis. The Confucian environment ethics create from traditional Chinese whole ideas, and its position acts as "rationalize human centralism" ethics.ChapterⅡdiscusses effects of the Confucian environmental ethics on Chinese environmental law’s value concepts, on the perspective of how to realize "Confucian ethical legalization". The core problem of environmental legal theory is the value of the environmental law. The key to the development of Chinese environmental law is rational choice of Chinese environmental law legal values. The main influence of the Confucian environment ethics to Chinese environmental law legal values is treating "harmony" as a value factor bring into the legal values system, leading、coordinating and deepening all the legal values, Realizing legal value of "harmonious" steering. Realization way is combining the moral value system of "ritual", "benevolence", "righteousness" with "environmental justice"、"environment democratic"、"environmental equity" and "Environmental efficiency".Chapter III presents the guidance of Chinese environmental law operating processing——legislative, judicial and law enforcement and law-abiding. Chinese environmental law legislation idea realize from the "human interests center" turns to "the human and the nature harmonious", making environmental law processing the contradiction between man and nature to keep things to satisfy the orderly, coordination and stable requirements. Under the guidance of this legislation idea, the Chinese environmental law will realize the consummation of legislation system, the perfect and coordination of basic legal system and the optimization of the Legislation mechanism, putting forward the Chinese environmental legislation trend. Confucian environment ethic is helpful to building Chinese environmental initiative justice. Environmental ethical explain must put Confucian environment ethics as basic position.In the final chapter, the article starting from the Confucian environment ethics, makes clear the development direction of China’s environmental law. China’s environmental law is generally considered to be exotic, the research of the development of Chinese environmental law often focuses on foreign environmental law’s reference and transplant, but always ignores the China environmental law native resources research. Chinese environmental problems and ethical foundation problems are the foothold of the development of Chinese environmental law. If ignored Chinese objective realities and Chinese historical traditions, the development of Chinese environmental law will become "castles in the air". This chapter treats the Confucian ethics as the theoretical basis of the development of Chinese environmental law. Under the background of globalization, Chinese environmental law continues to acting on "westernization" path is impassability. The national turn of subjectivity development and autonomy innovation are correctly approaches and methods of the development of Chinese environmental law. Chinese environmental law should establish "pattern choice model", using carts development of progressive "government promote mode" to realize the interaction of "government promote mode" and "social evolution mode".