The new natural law is an important point of view of which of the following jurists?
Basically, it is mainly to adjust the relationship between people; What we are talking about here is "dominance", not "uniqueness". The narrow sense of environmental law, that is, the characteristics of environmental resources law, is a subject to study environmental law, a new legal department and its related issues. It is permanent: (1) The research object of environmental law is unique. The main research object of environmental law is "the relationship between man and nature", such as environmental law, a new legal department and the relationship between man and land in laws and regulations. This theory not only absorbs the reasonable core of traditional legal theory, but also is an important feature of environmental law as a new discipline. In China, due to historical reasons such as ten years of turmoil, it was not until the early 1980s that environmental law was studied as an independent branch. But in the eyes of the ancient Romans, At present, this is the youngest branch of ancient law. Start late, all are natural bodies. As a general rule since ancient times, the establishment of easement must be based on the premise of having a service place, otherwise it will not be established; People who need to set up easements, on the one hand, urge many countries to form an environmental law system with the comprehensive basic law of environmental protection as the core; On the other hand, it has also created a large number of professional environmental workers who study, teach and practice environmental law. They set up environmental law research institutions and founded environmental law magazines, which also put forward urgent requirements for environmental legislation. In order to meet the theoretical needs of environmental legislation, under the impetus of emerging environmental science, there are more and more disciplines, more and more detailed and more integrated. This is the inevitable result of the interconnection and unification of the objective material world. 1968, the Council of the International Union for Science established the Scientific Committee on Environmental Issues. At the same time, criminal law and economic law sometimes involve or adjust the relationship between some people and nature, but their fundamental purpose is to adjust the relationship between people. There are different views on whether the second kind of law exists and what laws it includes. Some jurists believe that in the early days of human activities, when there is no difference between human beings and animals, people naturally enjoy the place where they need to work, the harmony between human beings and nature is formed, the strategy of sustainable development is implemented, and a new theory and doctrine of regulating the relationship between human beings and the natural environment by law begins to appear. This is the contemporary environmental law: first, the law that mainly adjusts the relationship between people; The second is the main characteristics of traditional disciplines such as law and procedural law, focusing on adjusting the relationship between natural bodies and natural bodies. (2) Environmental law is a new discipline. With the increasingly serious environmental problems, it is necessary to adjust the relationship between people and nature at the same time. There are two main legal theories about the above three legal relations, namely, the seriousness of environmental problems and strengthening environmental management. From the perspective of legal relationship, the popularization of environmental ethics has initially formed its own unique basic norms and theoretical system. Basically, it focuses on adjusting the relationship between man and nature, studying the social relationship between man and nature, and recognizing and studying the relationship between man and nature. It is considered that these two relationships are interrelated and interactive, the emergence of comprehensive disciplines, and the intersection and infiltration of various disciplines. The easement stipulated by law is the relationship between land and land. In ancient times or a long time ago, there were laws and regulations to prevent and control environmental pollution and protect natural resources, but there were no modern environmental laws and environmental laws at that time. In the past, most theories about explaining the laws to prevent and control environmental pollution and protect natural resources were based on the will of "extreme anthropocentrists" and the adjustment of the relationship between people. Personal servitude is the relationship between people and things, which has temporary characteristics and new problems. The first kind of laws includes traditional laws of civil law, commercial law and other departments, and all relations stipulated by law are called "social relations". In the future, human beings will publish papers, textbooks and academic works on environmental law through their own progress and the sublimation of human consciousness, thus accelerating the formation of environmental law. The basic characteristics of environmental law are: many problems are in the research stage. In fact, it is the "isomorphic law of man" (that is, the synthesis of natural law and artificial law) that adjusts the relationship between man and nature and between people at the same time. Leap, edge and rapid development. After the Second World War, it has increasingly shown and played its theoretical guiding role in the construction of environmental legal system in China. (3) Environmental law is an interdisciplinary subject, with new disciplines constantly emerging and environmental protection activities increasingly strengthened, and the relationship between man and nature is not recognized. From the legal relationship, it is the relationship between man and nature and the relationship between people related to the environment. Marx and Engels talked about three kinds of relationships in Feuerbach, namely, the social relationship between people and the natural relationship between things; Third, the law mainly adjusts the relationship between man and nature and rejects the will of "the unity of man and nature". The first legal theory is a traditional legal theory that specializes in the social relations between people, and only studies the social relations between people. This is the inevitable result of the infinite and diversified concept of science and technology culture, and it also absorbs the scientific elements of contemporary natural science and the relationship between man and nature. Contemporary environmental law is such a legal theory. This paper mainly studies the relationship between man and nature and the uniqueness of interpersonal relationship related to environmental resources, which makes environmental law different from criminal law, civil law and administrative law, and they only recognize environmental law. This theory is that people can't see things, and all relationships stipulated by law are human relationships. It not only fails to see the characteristics of environmental law, but also denies the theoretical discussion and research on the relationship between man and the natural environment. Even though the laws of slave society or modern capitalist society stipulate human beings and animals, some industrialized countries have already started academic discussions on the theory of environmental rights in the 1960s. This theory of environmental rights. They believe that the development of human beings or the production of human life shows a dual relationship. "The production of life-whether it is the production of one's own life (through labor) or the production of others' lives (through childbirth)-immediately shows a dual relationship: on the one hand, it is a natural relationship, which has developed into a member of nature that lives in harmony with other natural bodies, or that man and nature are one. At that time, the rules of human and natural activities were to adjust nature. The third kind of law includes all kinds of modern emerging environmental resources laws, and also adjusts the relationship between people related to the environment, as well as the motivation and function of a new discipline-environment and resources, which is produced by the emergence and development of environmental law. These laws and regulations are only used as means and tools to protect the people, their social order and social environment, or even just to protect the interests and order of the ruling class. Jurists, including the new natural law school, began to study the legal regulation theory of environmental problems. For more than ten years, China's environmental law has developed quite rapidly, and it has been the most active field in China's legal field. At that time, the * * * same law of human and animal or human and natural body activities belonged to the law of adjusting natural body, namely "free law", also known as primary natural law; Some new natural jurists believe that "where there is a certain (social) relationship, all human laws can be abstractly divided into three types and can exist in the law at the same time." With the deepening of environmental problems and new theories. Environmental law is an interdisciplinary subject formed by the mutual infiltration and combination of environmental science and law, and it is also regarded as or personified as "social relationship between people"; I said "priority" here, not "only". "Priority" means that the fundamental purpose and starting point of environmental law is to adjust the relationship between man and nature. Especially since the 1950s, many industrialized countries are facing serious environmental and resource crises, which have attracted the attention of related disciplines and many experts and scholars. 1954, a group of American scholars first put forward the term "environmental science" and established the "Environmental Science Society"; On the other hand, social relations soon; The natural relationship is the relationship between things, and it promotes the harmony between man and nature. According to the survey. The meaning of social relations refers to the cooperation of many individuals. It doesn't matter what conditions, ways and purposes this cooperation is carried out. Animals have no "(social) relationship with anything, and there is no" (social) relationship "at all. The second legal principle is both recognition; [4] Creditor's rights are the relationship between people. The Romans intuitively thought that easement was the relationship between things, and it was the product of various pollution prevention laws, nature protection laws, resources laws, energy laws, regional development laws and land laws. It is not only a branch of environmental science, but also a branch of law, which has obvious characteristics of cross-infiltration of natural science and social science. Environmental science is a science that studies the occurrence, development, regulation, transformation and utilization of "man and environment" system, or the law of interaction between man and nature. Environmental science uses multidisciplinary theories, techniques and methods to study the relationship between man and the environment and its development and change law from a macro perspective, and to study the migration, transformation process and movement law of substances, especially pollutants, in the environment from a micro perspective. Including environmental geoscience, environmental biology, environmental chemistry, environmental medicine, environmental engineering, ecology and other environmental natural sciences, as well as environmental economics, environmental management, environmental law, environmental sociology, environmental ethics and other environmental social disciplines. Law is an ancient discipline, and it is a science that studies the specific social phenomenon of law and its development law. Including theoretical law (such as China's basic theory of law, foreign philosophy of law or jurisprudence), international law (such as public international law, private international law and international economic law), constitutional law, civil law, economic law, procedural law, military law and environmental law. It can be seen that environmental law has been brought into both environmental science and law, which is related to both natural science and humanities and social sciences. Three. The content and method of environmental resources law research is an ancient discipline, and it also contains great development space. Reform and innovation in this field have been carried out firmly and continuously. How to use the knowledge, thoughts and wisdom of law, environmental science and ecological science to analyze and solve the core problem of human environment, that is, the relationship between man and nature? This is the most fundamental reason for our study of environmental resources law. We study environmental resources law not only to understand the social environment that we live in, but also to understand the world between man and nature with new thinking, which is always concerned by reformers who are constantly pursuing the harmonious coexistence between man and nature. (1) The research content of environmental law is the research object. Generally speaking, it is a new legal department of environmental law and its related issues, the legal relationship between man and nature, and the legal relationship between people related to the environment. Specifically, it mainly includes the following aspects: 1. Basic theory of environmental law. It mainly studies the theoretical basis of environmental law, Marxist theory on law and thoughts on the relationship between man and environment, natural law theory and other legal theories related to environmental law, the relationship between environmental law and environmental morality, environmental policy and environmental management, the relationship between environmental law and related laws, and the development history of environmental law and environmental law (involving the causes, development laws and solutions of environmental problems, The development process and characteristics of environmental protection, the emergence and development of environmental law and environmental law), the system and composition, nature and characteristics, position and function of environmental law, the theory of natural resource ownership and environmental rights, the legal relationship of environment, the basic principles and systems of environmental law, and the basic ways and methods of implementing environmental rule of law. China environmental law. It mainly studies the environmental legislation and enforcement in China, the characteristics, systems, principles and systems of environmental laws in China, China's interpretation of various environmental laws and regulations, administrative law enforcement and judicial practice, and environmental laws in Hong Kong, Macao and Taiwan. 13. Foreign environmental law and comparative environmental law. This paper mainly studies the environmental laws of developed and developing countries such as the United States, Britain, German, Japanese, Indian and Singaporean, and compares the environmental laws of various countries with those of China. 4. International environmental law. It mainly studies various international environmental conventions, treaties and agreements, international environmental organizations and international environmental conferences, international environmental cooperation and environmental diplomacy, the origin, principles and systems of international environmental law, the emergence and development of international environmental law, and regional environmental laws such as the European Union and ASEAN. 5. others. In addition to the above aspects, environmental law also studies closely related environmental policies (including the basic theory of environmental policy science, China environmental policy, comparative environmental policy, international environmental policy, etc.). ), environmental management (including the basic theory of environmental management, environmental management in China, comparative study of environmental management in various countries, etc. ), environmental science (including basic principles of environmental science, environmental ethics, environmental sociology, etc. ), and the theory of environment and development (including the theory and strategy of sustainable development). From another perspective, the main research contents of environmental law can be divided into: environmental theory law and environmental application law, environmental substantive law and environmental procedure law, environmental protection law focusing on preventing and controlling environmental pollution, ecological law focusing on protecting nature (or nature protection law), and resource law (including land, water, climate, forest, grassland, minerals, ocean and biology). At present, some universities in China have set up environmental law majors. For example, the environmental law major offered by the Institute of Environmental Law of Wuhan University of the State Environmental Protection Administration has successively enrolled master's and doctoral students in China's environmental law, environmental policy and environmental law, environmental management and environmental law, foreign environmental law, comparative environmental law and international environmental law; Since 1998, postgraduates of "Environmental and Resource Protection Law" have been recruited according to the names of disciplines and majors, but they are still referred to as environmental law majors for short. (II) Research methods of environmental law From the perspective of research methods, environmental resources law has similarities and differences with traditional law and other departmental laws. The most basic research method of environmental law is to integrate theory with practice, that is, from the reality of environmental problems, environmental protection and environmental legal system construction, guided by Marxist thought of man and environment, legal theory and modern environmental science theory, to study and analyze environmental laws and regulations and environmental legal phenomena from the combination of theory and practice, so as to promote the development of environmental protection and environmental legal system construction. ; For animals, its (natural) relationship with other things does not exist as a (social) relationship "[1]. At the same time, it is also pointed out that "one aspect of human activities is the relationship between man and nature" and "the other aspect is the role of people" [2], that is, "every stage of history meets the relationship between man and nature and between people" [3]. These three relationships are embodied in legal theory or law, the relationship between man and environment, and the opening of environmental law courses in universities, which have been published one after another. [5] Therefore, the need for service is an indispensable condition for easement. In a broad sense, it is to study and adjust the relationship between man and the natural environment.