The Environmental Law Relationship

The relationship between environment and law is the basic theory of Environmental Law. In China, there are 4 opinions on the explanation of the relation between environment and law, but they are not able to establish a convincible theory system of Environmental Law. If the theory of legal relation is used to establish the basic theory system of Environmental Law, then how to treat "the relationship between human and nature" and "the relationship between human and human" in Environmental Law, and what exactly is the environmental relationship adjusted by Environmental Law, are the unavoidable theoretical difficulties and bottlenecks. The relationship between human and nature belongs to the category of philosophy and ethics. In this essay, the relation between human and nature cannot be explained, but it can make clear what is not the relation between human and nature. Since the middle of the last century, the environment crisis has prompted people to concern about the predatory exploitation that human made on environmental resources, and an ethical theory on relationship between human and nature of non anthropocentrism has been formed. In the ethics of non anthropocentrism, people began to pay more attention to the integrity of environment, and understand that human cannot live without natural environment for a moment, thus anthropocentrism bore fruit of modern anthropocentrism on the path of holism. The combination of Holism and Anthropocentrism grafted the integrity of nature to human overall interests, the purpose of which is to unify nature and the overall interests of human, giving reasonable grounds to the protection of human nature. However, this logic not only failed to create reasonable system to protect our homes, instead it included nature in the rule of human society. It regarded the whole nature as the object of human interests, and formed the subject-object relation between human and nature, in which human instead of god became the master of nature. Non-anthropocentrism built another theory on the path of holism:according to the theory of nature or intrinsic value of nature is the objective value, the dual personality relation between human and nature or natural objects was logically formed, creating an unknown nature or natural objects society parallel to human society. In the two society, either nature or natural objects is still object and human is subjectIn the human society, but in the nature society, nature or natural object is subject, human is object; or a world that human and nature are subjects and the inanimate nature is object is created. Although whether the social theory of human parallel to nature or natural objects is valid in the moral area is still need to be proved, at least in the area of law——the important rules human society, it cannot get actual practice. The relation between human and nature has no answer, but the fact that nature cannot become object may at least draw a negative conclusion-human and nature is not subject-object relation.Although human and nature is not subject-object relation, human need to select natural conditions subjectively. the choice has nothing to do with personal interest, but is a must for human’s survival in the natural environment of the earth. Nature has no reason to take care of of human’s choice, thus human can only find their suitable natural conditions——this is the human environment. Human environment originated from human developed productive forces and strengthened survival ability getting rid of natural constrains, and is also destroyed in the increasing demand of development of human society. because of the constancy of natural law, nature on the whole has not been changed by human society, it will only show the evolution law from one equilibrium to another equilibrium. Environment is nature that makes human society last as a whole, and possesses some kind of natural conditions which human expect. On the basis of relevance to human society, human subjectively separated environment from nature.Due to the integrity of environment, the separable human society possessed the basic conditions of a unified society, known as the earth society. Environment is nature that can meet some kind of natural conditions for the earth society, and the relation between human and environment is converted to three questions:who chooses the natural conditions for the earth society, what to choose, and how to choose. "Who chooses" is the main problem. There is no doubt that the subject is human on the earth society; only used in the meaning of earth society’s interests and human on the earth, can human interests and human have the corresponding meaning of the whole environment. The opposite of earth society’s interests is the individual of earth society, that is, member of earth society. Therefore, environmental relation in the rules of "the earth society" is in essence the relation between human and members of the earth society. So the subject is human and members of the earth society. "What to choose" is the objective question. Conclusion through the analysis of the rule of "environmental science" is that, the essence of environment is nature, but environment is the one that human subjectively think it can provide natural conditions for the sustainable existence of the human society. Based on the environmental function needed by human society and follow natural law, we look backward to form the necessary environmental elements and the combination of environmental elements of environmental function. This "backward scientifically applying rules of natural law" (after referred to as the backward rules) was written to the rules of human society, thus turned the non subject-object relation between human and environment into subject-object relation between human and environmental factors, confirming the environment relation object is the environment factor. "How to choose" isWhat rules does the human society take to let the subject control object, that is, what relation to build between human and earth members may make the usefulness of environment controllable. This question involves two subquestions. One is how to embody environmental integrity; the other one is what is the relation of rights and obligations or relation of powers and obligations between human and human individuals. For the first question, the backward rules are translated into human society rules, which means we can achieve the purpose of respecting the integrity of environment in human society, thus the environmental natural science need to research environmental law in order to more accurately grasp the backward rules on the one hand; on the other hand, environmental social science need to design a set of system and mechanism to let backward rules smoothly enter socl 1 rules. In terms of the second question, there are two kinds of processing pattern of interpersonal relationship, one is legal relation model, represented by the civil law, emphasizes the right standard and the relations between people are rights and obligations. Environmental law cannot adopt the Legal Relation Theory with the core of the Principle of Autonomy of Will theory as the basic theory. Another kind is the legal interest theory pattern, represented by the criminal law, emphasizes the protection of the interests in the common sense of law. legal interests can be classified according to different standards, and set different obligations according to different legal interests. This pattern is to punish the compulsory subject who does not perform obligations through administrative power and judicial power, insuring the realization of legal interests. Environmental law is to adjust the relation between human and members of the earth society, so the theory and system of Environmental Law should be designed in the pattern of legal interests. Under the pattern of Public Interest Theory, the department law system of Public Interest Theory establishing law and Public Interest Theory protective law can be established. Specifically, in the function of Environmental Law, establishing law of Environmental Public Interest Theory should make sure what is environmental interest, who to protect the environmental interests of human, and the duty of environment protection; protective law of Environmental Public Interest Theory should stipulate the obligation of Environmental Law after violating the duty of Environmental Law. The duty of Environmental Law should be an independent duty, but not the synthesis of administrative duty, civil duty and criminal duty.Therefore, environmental relation refers to the social relation that is needed for the permanent existence of natural conditions which human and members of the earth protect for the earth society. The subject of environment is human and members of the earth society, and the object is environment factors. Environmental law is all the legal regulations to adjust the relations between human and members of the earth society.