As a brand-new concept of development, Scientific Outlook on Development reflects and transcends the traditional concept of development, which means establishing a brand-new mode of social production, which is bound to open a new civilization different from the traditional industrial civilization, that is, ecological industrial civilization, and form a whole set of political, legal, economic and cultural systems different from the traditional industrial civilization, thus promoting the ecological development of law. This paper puts forward my own opinions on the ecologicalization of law, and puts forward my own opinions on the ecologicalization trend, characteristics and contents of law.

First, the significance of the times and cultural background of Scientific Outlook on Development

(A) Scientific Outlook on Development's significance of the times

As we all know, mankind is facing a new population and resource crisis, and thus a new civilization transformation. Without the revolutionary breakthrough of new technology and the innovation of new global resource allocation system, the contradiction between man and nature and between people will intensify rapidly, and mankind may not be able to cross the threshold of this civilization transformation. As people of insight pointed out: "The world today is in a period of great change at the turn of the century. It is mainly manifested as "triple transformation", that is, human civilization changes from industrial civilization to ecological civilization, the world economic form changes from resource economy and material economy to knowledge economy and circular economy, and the social development path changes from unsustainable development to sustainable development. [1] It can be seen that building an ecological and civilized society is an important issue related to the sustainable development of China's economy and society in the 2/kloc-0 century, and it is also a fundamental measure to promote the "triple transformation".

As people of insight pointed out, the biggest threat to China's economic development in 2 1 century is the ecological crisis. China has a large population, relatively insufficient resources and fragile ecological environment. Over the past 25 years of reform and opening up, China has achieved the strategic goal of quadrupling its gross domestic product. However, the mode of economic growth has not fundamentally changed, and the traditional development mode of high input, high consumption, high pollution and low efficiency has not been shaken off. With the rapid economic growth, the shortage of resources and energy, the deterioration of the ecological environment and other issues have become increasingly prominent. According to the estimation of the World Bank and relevant domestic institutions, in the mid-1990s, two-thirds of China's economic growth was achieved on the basis of overdraft ecological environment. It is understood that China is currently in a period of serious environmental pollution and ecological destruction, which is manifested in three aspects: First, the emission intensity and total amount of major pollutants are large, far exceeding the self-purification ability of the environment; Secondly, the ecological environment of China is facing the situation of destruction while building, and the scope of ecological destruction is expanding; Third, the old environmental problems have not been solved, and new environmental problems have followed. The old environmental problems caused by industry and urban life, such as organic pollution, eutrophication, atmospheric sulfur dioxide and particulate pollution, have not been solved, while new environmental problems, such as hazardous waste, trace organic pollutants, soil pollution and alien species invasion, have emerged, and environmental pollution has the characteristics of compounding and compression, which increases the difficulty of treatment. The trend of deterioration of the ecological environment has not been curbed. Land desertification, soil erosion, forest and grassland degradation, river cut-off, water ecosystem imbalance and other ecological problems. Without effective control, the ecological service function continues to decline, ecological disasters intensify and ecological problems become complicated. [2]

According to the World Bank's estimation, the loss caused by air and water pollution in China in 1996 accounted for 8% of GDP in that year; Experts in China estimated that the losses caused by air and ecological damage in China in 2003 accounted for 15% of GDP in that year. In 2003, China consumed 30% of the world's total steel output, 40% of the world's total cement output and 3 1% of the world's total coal output, but its GDP only accounted for 4% of the world's total. At present, although China's economic aggregate ranks sixth in the world, its industrial level is low, its scale is small, and resources are wasted and destroyed seriously. The consumption of coal, steel and cement, sulfur dioxide, chemical oxygen demand and ozone-depleting substances all rank first in the world. In the process of industrialization, the management level is not high, and the energy consumption, resource consumption and pollution load per unit output are obviously higher than the international advanced level. The data in 2003 also showed that 90% of the river sections flowing through China were seriously polluted. 75% of lakes are eutrophic; Nearly 300 million rural people drink unqualified water. Nearly one-third of the urban population in China lives in a seriously polluted air environment; The acid rain area accounts for about one third of the land area. Experts warn that serious ecological and environmental problems have caused huge economic losses to China and endangered people's health. If we continue to follow the traditional economic growth model, the future environmental situation will be "worse". Since the reform and opening up, China's energy consumption has doubled to support the quadrupling of GDP. Experts predict that it will be very difficult to quadruple GDP by 2020, even if energy is doubled again. Experts estimate that if China is as industrialized as the United States at that time, the resources of the three earths will not be enough. [3]

China is in an important period of strategic opportunities in the first 20 years of the 20th century. Because China has a large population and a small amount of resources per capita, if we don't build an ecological civilized society as soon as possible and take the road of new industrialization, that is, "ecological industry" and "ecological industrialization", [4] the sustained and healthy development of China's economy and society may become a tree without roots and passive water. In view of this, the 16th National Congress of the Communist Party of China proposed to continuously enhance the capacity of sustainable development, improve the ecological environment, significantly improve the efficiency of resource utilization, promote the harmonious coexistence between man and nature, and push the whole society onto the civilized development path of production development, affluent life and good ecology. Guided by Theory of Three Represents, the Third Plenary Session of the 16th CPC Central Committee put forward the "Scientific Outlook on Development" to coordinate the harmonious development between man and nature on the basis of summing up past experience. This Scientific Outlook on Development has a very profound cultural heritage, which not only inherits the fine traditions of the Chinese nation, but also reflects the development direction of human civilization, which is of great and far-reaching significance for China to achieve the goal of building a well-off society in an all-round way.

(B) Scientific Outlook on Development's cultural background

At present, the world is at the beginning of the new century, with the largest population, the least per capita resources, the highest degree of human greed and the strongest damage to the environment by available technology. Nature is using its madness to punish human beings who do whatever they want and push them to a situation of life and death. In order to save the earth and human beings, sustainable development has become the strongest voice of the times and has been widely accepted. A social reform movement aimed at changing the current mode of production and lifestyle of human beings has risen around the world, thus making human beings enter a period of transition to a new civilization-ecological civilization.

In view of this, ecological culture, as a new type of culture, is quietly emerging, and with the arrival of the era of ecological civilization, it presents a rising trend. As a new culture, ecological culture is very different from traditional culture. The value orientation of traditional culture lies in contemporary people, and the value orientation of ecological culture lies in contemporary people and future generations, man and nature. It is these differences that pull mankind out of the misunderstanding of being the ruler and master of nature. Becelli, the founder of the Club of Rome, once pointed out that human beings have created the science and technology circle, invaded the biosphere and carried out excessive extraction, thus destroying the foundation of human life tomorrow. Therefore, if we want to save ourselves, we must carry out a revolution in cultural values. [5] Traditional cultural values are utilitarian values, marked by advocating positivism, paying attention to function and grabbing wealth, taking material consumption as a symbol of personal economic achievements and personal status, and equating success with material wealth and consumption patterns; At the same time, it believes that the earth's resources are inexhaustible, and anyone can use the earth's resources at will and free of charge, because this is a "gift" given by nature to mankind; In addition, it also believes that the capacity of the environment is infinite, and people can throw all unnecessary things into nature at will, which is another "gift" from nature to human beings. Therefore, driven by utilitarianism, people's development of resources is bound to be unrestrained, and the discharge of waste is bound to be reckless.

In other words, traditional cultural values are based on meeting human material needs, with challenging nature as the core and material pursuit as the goal. Therefore, under the influence of this cultural atmosphere, people's consumption concept is bound to focus on the strong pursuit of material life, and people's values are also focused on the conquest of nature and the greed for material interests. With the increasingly serious global environmental crisis, the disadvantages of traditional cultural values are increasingly prominent. In view of this, a green cultural value centered on harmony with nature-ecological cultural value is gradually taking shape. Its "emphasis is to explore human life noumenon, human needs and adaptation to the environment, and the possibility of all-round development" [6] thinks that man and nature should be a harmonious, equal and coordinated new relationship. To this end, it advocates that human beings must make the coordinated development between man and nature on the basis of studying the renewable ability of earth resources and the self-purification ability of the environment; For the natural conditions on which human beings depend for survival and development, we must exercise the right to use these conditions and undertake the obligation to protect them on the premise of following the laws of nature. When making use of these natural conditions, human beings must leave a precious environmental heritage to future generations that will not be polluted and destroyed; Humans should change the traditional consumption view centered on the pursuit of material needs and the traditional development view at the expense of the environment. At the same time, it also puts forward that while pursuing the interests of human survival and development, we must rationally develop and utilize nature and maintain the living environment of human beings and creatures. The development of human beings should be based on the protection and promotion of biodiversity, and oppose the arbitrary deprivation of the right to exist of other biological species, so as to maintain the overall structure of the biosphere and its normal function. To this end, it advocates that human beings should be kind to nature and other biological species.

In fact, the above-mentioned ecological culture is strikingly similar to the inner spirit of China traditional culture. The pursuit of harmony between man and nature has been the mainstream of traditional culture in China for thousands of years. China's Confucianism put forward "the unity of heaven and man", arguing that personnel should conform to God's will, and natural principles should be transformed into human principles, so as to make the country rich and strong and the people safe; China's Taoism emphasizes "Taoism is natural" and raises the concept of nature to a metaphysical height. The so-called "Tao is natural" means that "Tao" runs independently according to the laws of nature, and everything in the universe has a running law that transcends human subjective will. As the saying goes, "those who live in harmony with heaven will prosper, and those who go against the sky will die"; Buddhists in China also hold that "Buddha nature" is the origin of all things, and believe that the diversity of all things in the universe is different manifestations of "Buddha nature", and its essence is the unity of Buddha nature, that is, all beings are equal and all things have the right to exist. [7] The long-standing civilization of the Chinese nation can be completely preserved, with the same roots and the same language. Compared with other prosperous ancient civilizations in the world, it is precisely because of this profound and intelligent ecological culture.

Scientific Outlook on Development, which coordinates the harmonious development between man and nature, inherits the long-standing ecological culture of the Chinese nation and absorbs the essence of the above-mentioned world ecological culture. It is not only a reflection and transcendence of traditional industrial civilization, but also a reflection and response to the real ecological crisis in China, or a respect for the laws of nature at a higher level. It is based on this ecological culture that permeates the harmony between heaven and earth to build an ecological civilized society and realize the sustained and healthy development of China's economy and society.

Second, Scientific Outlook on Development's economic form and legal protection.

(A) Scientific Outlook on Development's economic form

As we all know, the development of knowledge economy and circular economy has become two major trends in the international community since the 1990s. Knowledge economy requires strengthening the substitution of intellectual resources for material resources in the process of economic operation, and realizing the knowledge of economic activities; Circular economy requires the use of natural resources and environmental capacity in an environmentally friendly way to realize the ecological turn of economic activities. Since the implementation of the sustainable development strategy in the 1990s, western developed countries are taking the development of circular economy and the establishment of circular society as an important way to implement the sustainable development strategy.

The idea of knowledge economy sprouted in 1970s, and American sociologist Daniel put forward the view of "post-industrial society". In 1980s, American futurist toffler described this era as a "super-industrial society" in his masterpiece The Third Wave. Naisbitt, an American economist, called the new economic era "information economy" in his book Megatrends. Forest of Britain put forward the viewpoint of "high-tech economy" in his "High-tech Society". On the basis of these discussions, in 1990, United Nations research institutions formally put forward the concept of "knowledge economy". From 65438 to 0996, the Organization for International Economic Cooperation and Development (OECD) gave a clear definition of "knowledge economy" for the first time in a report entitled "Knowledge economy". He believes that a new economic form different from agricultural economy and industrial economy has emerged, that is, the era of "knowledge economy" (hereinafter referred to as "knowledge economy") has arrived.

The concept of circular economy began in the 1960s, and originated from the "spaceship theory" put forward by American economist Paul Ding. Balding criticized the "open loop" paradigm of "resources-products-emissions" in the traditional industrial economy. Almost at the same time, American biologist Carson published a book "Silent Spring", slamming the evil consequences of chemical pesticides such as "pesticide" destroying food chain and biological chain. From 65438 to 0972, the club of Rome advocated "zero growth" in the report "the limit of growth"; 1992 The United Nations World Summit on Environment and Development issued the Rio Declaration and 2 1 Century Agenda, and the concept of sustainable development is deeply rooted in people's hearts. In 2002, the World Conference on Environment and Development decided to promote cleaner production on a global scale and formulated an action plan. In this context, the concept of circular economy came into being. Most experts define the concept of circular economy as follows: circular economy is a paradigm of social production and reproduction with efficient utilization and recycling of resources as the core, "reduction, reuse and recycling" as the principle, and low consumption, low emission and high efficiency as the basic characteristics. Its essence is to achieve the maximum development benefit with the smallest possible environmental cost.

After 25 years of rapid economic growth in China, high consumption and pollution have been accompanied by the economic development of China, and China's economy is seriously restricted by resources and environmental problems. Therefore, the China government began to vigorously seek a comprehensive transformation of the economic growth model and take the road of economical development. In view of this, "circular economy", like "knowledge economy", quickly became the concept of mainstream economy in China, and as the concrete embodiment of Scientific Outlook on Development and the inevitable choice to realize Scientific Outlook on Development, it moved from concept to foreground.

At the Central Economic Work Conference held at the end of 2004, the "circular economy" model aimed at saving energy was first mentioned in China's economic strategy in 2005. It is reported that the short-term goal of developing circular economy in China is to establish a relatively complete circular economy legal and regulatory system, policy support system, technological innovation system and effective incentive and restraint mechanism by 20 10. Obviously, the development concept of "developing circular economy" has been accepted by the CPC Central Committee and the State Council, and has become a national development strategy, which will have a far-reaching impact on China's future economic development.

(B) Scientific Outlook on Development's legal protection

As mentioned above, as a new development concept and strategy, Scientific Outlook on Development's ultimate goal is to ensure the long-term sustainable development of China's economy and society. This ultimate goal includes the following:

First, the so-called development not only refers to economic development, but also includes social development, including maintaining and building a good ecological environment. In the process of development, we should adhere to the unity of economic benefits, social benefits and environmental benefits.

Secondly, the sustainable utilization of natural resources is the material basis to ensure the sustainable development of social economy. Sustainable development mainly depends on the uninterrupted supply of renewable resources, especially the sustainability of biological resources. Over-exploitation and utilization of some resources may lead to a decrease in supply year by year, or even depletion or extinction. Therefore, the utilization and development of renewable resources, especially the development and utilization of biological resources, cannot exceed its regeneration speed, otherwise sustainable utilization cannot be realized.

Third, we must protect the natural ecological environment and constantly solve the ecological environment problems in economic and social development. The natural ecological environment is the material basis for our survival and social and economic development. Scientific Outlook on Development seeks to realize the coordinated development of social economy and ecological environment and maintain a new balance in its development. This requires us to constantly study and solve various conflicts and coordination problems between economy and environment brought about by development in the process of economic development.

Fourth, we must learn to control ourselves. Overpopulation, traditional consumption mode, production mode and thinking mode, and free economic system are the root causes of ecological crisis. Therefore, we must control population growth, people's consumption, the use of all limited resources and all behaviors that are not conducive to sustainable development; We must re-establish the relationship between man and nature, between contemporary people and future generations. We should not only make sustainable use of natural resources, but also carry out our own controlled development, so that natural resources can meet the needs of both contemporary people and future generations in China.

To achieve this goal, in addition to administrative and economic means, legal means are also indispensable. This is because:

1. Scientific Outlook on Development emphasized maintaining a certain growth rate and steady growth. It needs a series of basic policies conducive to the healthy and sustainable development of the economy to be implemented stably and effectively for a long time, and the stability of the law just meets the basic requirements of policy stability.

2. Scientific Outlook on Development is an all-round development, involving agriculture, industry and service industry, as well as many departments within each industry; It involves not only the economic field, but also the social and ecological fields. It requires not only the quantitative growth of the economy, but also the improvement of the quality needed for development. In a word, the interest relationship between related subjects is complicated and must be adjusted by law.

3. What Scientific Outlook on Development emphasizes is a kind of development in competition, and the overall goal of its development is undoubtedly the whole society. However, in today's society, the operation of various economic entities must be linked with market mechanism and competition. To establish an economic and social order that can compete fairly, only by strengthening the legal system within the corresponding scope can it be effectively maintained.

4. The development emphasized by Scientific Outlook on Development is the development under the national macro-control. To achieve this development, we must strengthen national macro-control. Only under the protection of corresponding laws and regulations can we achieve the goal of national macro-control.

5. To implement Scientific Outlook on Development, some existing policies and practices need to be changed and some new policies and practices need to be implemented, and these changes can only be effective by relying on the authority of the law.

It can be seen that to realize Scientific Outlook on Development, we must rely on strong legal protection, which involves the reform of existing laws that are compatible with the traditional development model.

Third, Scientific Outlook on Development and the development of the legal system.

(A) Scientific Outlook on Development's legal requirements

As mentioned above, Scientific Outlook on Development, as a brand-new concept of development, reflects and surpasses the traditional concept of development, which means establishing a brand-new mode of social production. This brand-new mode of social production will inevitably open a new civilization different from the traditional industrial civilization, that is, eco-industrial civilization, and form a whole set of political, legal, economic and cultural systems different from the traditional industrial civilization.

It can be seen that with the deepening of Scientific Outlook on Development, new and higher requirements have been put forward for the existing laws:

First of all, Scientific Outlook on Development takes the development of economy as the starting point, and demands the rational development of natural environment and natural resources, the protection and improvement of living environment and ecological environment, the prevention of pollution, environmental damage and other ecological disasters, and the construction of a sustainable natural resources-rich ecosystem, a natural environment suitable for people's survival and development, and beauty, so that present and future generations can avoid all kinds of hazards caused by environmental and resource problems and realize the unity of economic and social benefits.

Secondly, Scientific Outlook on Development takes the pursuit of harmony between man and nature as the main content, and advocates that the pursuit of healthy and productive life rights by contemporary people should be achieved in a way that is in harmony with nature, rather than by exhausting resources, destroying ecology and polluting the environment, thus requiring contemporary people to admit and strive to make their own opportunities equal to those of future generations when creating and pursuing the development and consumption of this world through legal forms, instead of blindly, unilaterally and selfishly pursuing because of contemporary people.

Thirdly, Scientific Outlook on Development emphasized the unity of human development rights, environmental rights and environmental protection obligations, the equality of development opportunities between present and future generations, and the abandonment of traditional development methods. He believes that environment and development are closely linked and inseparable. Environmental protection without development is meaningless, and development without environmental protection is impossible. The ultimate goal of environmental protection is to make development more sustainable, lasting, healthier and faster. Therefore, it is required to coordinate the relationship between environmental protection and economic development through legal forms, give contemporary and future generations equal opportunities for development, adjust the relationship between man and nature, and ensure that the development and utilization of environmental resources by human beings is limited to their carrying capacity (that is, the ability of the environment to provide resources to human beings and assimilate waste).

Fourthly, Scientific Outlook on Development's aim is to realize the * * * survival and * * brilliance of man and nature, emphasizing that the traditional development mode of increasing investment and consumption at the expense of the environment should be abandoned, and the economy should be developed by reducing the dependence on limited resources on the earth and better coordinating with the carrying capacity of the environment, thus requiring the law to readjust the relationship between man and nature with the ecological concept. Around the center of "sustainable development", we should determine the legislative principles, legislative objectives and tasks, build a legislative system, update the legislative content, improve the basic system, improve the environmental rights system, and make corresponding supplements and adjustments to the existing laws and regulations.

In a word, Scientific Outlook on Development demands that the current environmental legal system should be comprehensively evaluated with the concept of legal ecology from the actual needs of social development, and that the legal theory and legal system should be innovated according to the requirements of the environmental era of 2 1 century. It is these new requirements of Scientific Outlook on Development for the law that have greatly impacted the existing laws that adapt to the "traditional unsustainable development mode" and have to be comprehensively adjusted, reformed and innovated to adapt to this great social change.

(2) Scientific Outlook on Development and ecological law.

As we all know, law is the product and reflection of social and economic life, and it is one of the social systems, which evolves with the development of social and economic life. As Friedman, a famous American scholar, pointed out: "It is a basic feature of the modern world to try to make social changes through law." [8] Because the function of law is not only related to the whole society, but also to society and nature. In this regard, Pound also believes that law is not only a tool of "social engineering", but also the basis of "natural order" and a highly specialized form of maintaining social civilization and effectively controlling society. The law ensures the realization of social interests by reconciling the conflicts of various social interests. [9]

As mentioned above, with the deepening of Scientific Outlook on Development and the establishment of an eco-civilized society, China is stepping into a new industrialization road from the traditional industrialization road, that is, the road of "industrial ecologicalization" and "eco-industrialization", which will certainly bring great changes to our society, not only triggering a series of changes in cultural values, but also changing the mode of economic growth, thus fundamentally changing the economic structure, employment structure, education and management of our society. And all these changes will eventually be reflected through the legal system. This makes the current legal system that is suitable for the "traditional development model" have to undergo all-round changes and develop in the direction of ecological law, thus promoting and ensuring the establishment of an ecological civilized society.

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Scientific Outlook on Development's Thought of Sociology of Law

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