Morass And Solution On The Theoretics Of Environmental Law Studying

Recent ten years, Sustainable Development brings a revolutionary challenge to Environmental Law. This article begins with several the debates of Environmental Law. From the opposite opinions, the author observes an impetus to theoretics of Environmental Law. Environmental Law, on the one hand, is a essential being part of the whole society; on the other hand, it is a science branch handed by the intellects. The article follows the two threads: reviewing the debates of Environmental Law studying and exploring the interior logic of legal institutes. Through the conceptual and technical analyses to legal nexus, the article reconstructs the traditional concept of legal nexus, and proposes a new conception of "constitutively intersubjective legal nexus", which grants the legal subjective standings to natural being. Qualification of legal subject is constitutive rather than monadic. The new conception manifests profound ethical future of Environmental Law, which is characterized by harmony of human and nature. Thus, Environmental Law presents a strong belief in harmonious evolution of human and nature.This article also reviews the debates in Environmental Law; and believes that the controversies of the debates lie in an ideological prejudice instead of legal knowledge. So it is important to clear up the prejudice in Environmental Law studying. The forces to the progress of law come from interaction between interior logic underlying the legal system and academic conscience of intellects.