Study On Ecological Legal Relationship

Science of environmental law is faced with a "broad" difficulty,which make it hard to focus on environment damage and solve ecological crisis.Basically,this is due to the disadvantages caused by the theory of environmental legal relationship.Ecological law is the development of environmental law and the return of environmental Law from broad to narrow.Ecological legal relation is the development of the environmental legal relationship and the need of focusing on ecological protection and defining the research object of environmental law.Follow this train of thought,the thesis discusses ecological legal relationship.In the first part,it analyses the deficiency of the traditional environmental or ecological legal relationship,which stems from environment in the broad sense as well as to fuzziness of the interests of environmental law and the subjects of environmental legal relationship.Therefore,it is necessary that to reconstruct environmental legal relationship is followed by reflection of the concept of environment,the interests protected by environmental law and the subjects of environmental legal relationship.So as to put forward ideas to solve the problem---creating ecological legal relationship,and the paper expounds the necessity and feasibility of creating ecological legal relationship.In the second part,the paper defines the ecological legal relationship,elaborates its basis on ecological holism,analyzes the reasons of a "broad" difficultyfaced with environmental law and the necessity of the return of environmental Law from broad to narrow,discusses the connotation and necessity of ecological law,points out that ecological law is the return of the environmental law from broad to narrow in essence.Ecological legal relation is defined on this basis,analysing its content including the subjects,behavior and form,analysing its features including ecosystem,integrity,publicity,science and technology,Deepening the understanding of ecological legal relationship with environment,civil,administrative and criminal legal relation carried on the comparative analysis.In the third part,the paper discusses the theory about the subjects of environmental legal relationship,mainly analyses the establishment and internal and external legal relations of the subjects of environmental legal relationship,points out that the establishment of ecological rights subject in principle is restricted by the democracy,the rule of law and the ecologism,the solution of ecological legal relationship or the method to explain are closely related to the ecological benefit structure between the subjects of environmental legal relationship,In the fourth part,the paper discusses the theory of ecological legal behavior--object,Mainly discusses various possible legal expression of ecological behavior,analysing the characteristics of ecological legal behavior including publicity of the object,"desirability" of the will,legal fiction of the subject and social autonomy,which helps to solve the problem including the commonality of environmental problems,uncertainty of nvironmental risk and the whole process of environmental behavior regulation.In the last part,this paper discusses the theory about the form or content of ecological legal relation,points out that concrete manifestations of ecological legal relationship is interrelated relationships between the ecological legal interest and burden in the form and on the subject,analyses the conflicts of various ecological legal behavior,and the specific allocation of the ecological legal interest and burden is base on the differences of various kinds of conflicts of interest and legal adjustment.