A Review Of Jurisprudence About The Nanping Public Interests Litigation From The Perspective Of Legal Guidance

The law is a reflection of social phenomena.The revision of the law is also based on changes in the social environment.In recent years,the contradiction between economic development and environmental protection has intensified.Ecological and environmental problems become more prominent.As a sensitive tentacles that perceive changes in the social environment,the law needs to respond in a timely manner to the growing ecological damage and environmental pollution.In this context,the new Environmental Protection Law of the People 's Republic of China has been promulgated.It is called the history of the most stringent environmental law.Many of these new regulations have also led to the emergence of classic cases of environmental public interest litigation.This article discussing the Nanping public interest litigation is happening after the promulgation of the new environmental law.It is the first that the civil society organizations are on behalf of human "ecological environment" to propose public interest litigation.The new environmental law clearly defines the conditions for public interest litigation by non-profit organization.And ecological destruction for the first time is included in the scope of public interest litigation.According to the contents of the new law,the court ruled that the plaintiff of Nanping ecological litigation was successful.This case provides examples and guidance for the development of public interest litigation.It also fully demonstrates the guiding role of the new environmental law.So,the author studies legal guidance,and makes the jurisprudential analysis of Nanping public interest litigation.The legal guidance is one of the primary norms of the law.The law advocates its own legal authority.The obedience of citizens makes the law a factual authority,in addition to the legal authority of the law also comes from the citizen's identity.Under the legal authority of the law,one of the main functions of the law is to provide a predetermined pattern of behavior to regulate behavior and adjust social life and to ensure that members of society to comply with the law.In Nanping public interest litigation,The new environmental law prescribes legal liability for ecological damage and becomes a weapon for regulating ecological damage.It guides the public rationally use of resources to protect the ecological environment under the provisions of the new environmental law.The legal subject has different attitudes towards the law as the difference between an external point of view and an inner view.In the external view,the legal subject has a negative attitude towards the law and the guidance of the law is passive to it,as in the internal view of the legal guidance is from the heart to be recognized and accepted.The role of legal guidance in the external point of view is often subject to the pressure of public opinion,but the realization in the inner view comes from the inner recognition of the law.In the development of new environmental law,experts and scholars and the general public on the development and revision of the law after repeated research and consultation.The full participation of the new environmental law formation process makes it easier for people to agree on the law,but also makes the role of the new environmental law guidance in the people's inner recognition of the inherent view of the smooth realization.The ideal way to play a role in law is to direct human behavior in the inner view.In the process of the legal guidance changed from an external point of view to an inner view,it has experienced from the fear of obedience to the subject of the law acceptting the guidance of the law in his heart.The guidance of the law in the external view is unstable.Once the coercive factor is lost,the actor is easy to put aside the legal regulation and behavior.Only when the actor consciously accepts the legal direction,the legal utility can be better protected.In order to the development of the inner view of legal guidance,we have to work from the legal subject's individual needs and legal awareness.Only the legal subject satisfies the needs of the self in the legal framework and acts as the starting point of consciousness when making the choice of conduct,the legal guidance can be better achieved.