环境法建构的“浅层环境法学”-《长安大学学报（社科版）》

文章信息/Info

Title:: “Superficial science of environmental law” in the construction of environmental law

Author(s):: CHEN Zhi-rong; School of Law, Fuzhou University, Fuzhou 350116, Fujian, China

Keywords:: environmental law; “superficial science of environmental law”; methodology; ecological ethic; environment

摘要:: 鉴于环境法研究存在广义的困境，分析环境法建构的“浅层环境法学”方法论原因,特别是对生态伦理价值观和环境论在环境法建构中的得失进行剖析，指出“浅层环境法学”方法论是从生态伦理学、环境科学等非法学视角出发进行的环境法研究,存在自身难以克服的缺陷和不足，因此在环境法建构中要对此方法论进行扬长避短，更加注重法学视角的研究。

Abstract:: In view of the generalized delimma, this paper analyzed the methodology reasons of “superficial science of environmental law” in the constructed under environmental law, especially the advantages and disadvantages of ecological ethics and environmental theory under environmental law. It is pointed that the methodology of “superficial science of environmental law” is employed to conduct studies on environmental law from the ecological ethics, environmental science and other nonlaw perspectives, and has its own insuperable shortcomings and deficiencies. Therefore, it is suggested to foster strengths and circumvent weaknesses of the methodology in the construction of environmental law and pay more attention to the study from the perspective of law.