环境资源法学基本理念的含义、来源和发展——一论环境资源法学的基本理念

环境资源法学的基本理念是指合乎自然生态规律、社会经济规律和环境规律的基本观念。它是环境资源法律法规中基本理念的概括、提炼和科学抽象,是环境资源法学科长期发展的产物,是环境资源法学目的、价值、研究范式和研究方法的反映。主张通过对传统法学基本理念的扩大、深入和重新解释,将当代环境资源法学的一些重要观念纳入到传统法学基本理念之中。环境资源法的基本理念的形成和成熟是一个历史的发展过程,它是人类对人与自然关系的性质、特点和发展规律认识的结晶。如下因素对基本理念的形成具有重要影响:各国环境资源法所确立的重要观点,特别是环境资源法律法规中所确立的指导思想、立法目的、法律原则、基本政策和思想观点;国际环境资源法所确立的指导思想、立法目的、法律原则、基本政策和思想观点;著名环境思想家、理论家和活动家所阐明的有关人与自然关系的重要观念,特别是著名环境资源法学说所论证和概括的环境资源法学的基本观念

Menanings, Source and Development of the Basic Idea of Legal Science of Environment and Resources Law--First on the Basic Idea of Legal Science of Environment and Resources Law

The basic idea of legal science of environment and resources law refer to those which conform with ecological law, social economic law and environment rules. It is the basic idea which is generalized, refined and abstracted from all of the environment and resources laws and regulations. It is the outcome of the discipline of environment and resources law which has developed for a long time. And it reflects the purpose, value, research paradigm and methodology of environment and resources law. It brought some important ideas of contemporary environment and resources law into the basic idea of traditional legal science through the enlargement, deepening and reexplain of the traditional basic idea of legal science. The forming and maturing process of the basic ideas of environment and resources law is a evolving one. It is the crystallization of understanding about the quality, characteristics and developing rules of the relationships between human and nature. The following factors have important influence on the forming of the basic ideas: important views which are established in the environment and resources law of different countries, especially guidelines, legislative purpose, legal principle, basic policy and viewpoints established in the laws and regulations of environment and resources law; guidelines, legislative purpose, legal principle, basic policy and viepoints established in international environment and resources law; Important idea about relations between human and nature, which are expounded by famous environmental thinkers, theoreticians and activists, and especially the basic ideas which have been proved and summarized by famous theories of environment and resources law.