环境法的伦理基础研究-环境与资源保护法专业论文.docxVIP

j j ㈣Y1 ㈣Y1 9 4㈣01 7心3 黑龙江大学硕士学位论文 Abstract Living environment is deteriorating，which forces mankind to start a new self-reflection．As a standardized system，the role of law has caused widespread questions in the aspects of fight against pollution and environmental protection．The scholars are raising doubts about the environmental legislation and enforcement，etc There are also some ideas from other legal experts who consider deterioration as the result of misplace between environmental laws and ethics．Furthermore，they put forward a proposal that mankind should find the right environmental ethics as the guidance of environmental laws． The paper believes the causes resulting in environmental problems are manifold， and systems of environmental laws and ethic should be improved，which is also a mutual influenced and promoted process．Environmental laws should depend on certain ethic regarded as guidelines，value judgments．Served as a carrier of human civilization， certain agreement with the common point must exist between ethics and laws that are normative．The Common orientation and ultimate concem are the happiness of mankind and the nature regression． From the angle of basical function of environmental ethics on environmental laws， the paper points out that latest environmental ethic shouldn’t be selected as chosen objects for environmental laws，nor hold a single opinion ethic as basis rejecting correct elements in other environmental ethic ideas．Sustainable development view should be considered as the theoretical basis for environmental laws in China,and we should adopted a inclusive and open attitude to reasonable content in other environmental ethic Keywords：environmental law，ethic，basement，inclusiveness ．¨． 目 目 录 目 录 中文摘要 I Abstract · ··· ···· ··· ··· ······ ··· · ····· ··· ·· ······ ····· ··· ········ ·lI 绪 论 1 一、选题的缘由和意义 1 二、国内外研究现状及发展趋势 ”2 三、研究思路及本文框架 ·4 四、创新之处与不足 ·4 第一章环境法与环境伦理 ”6 第一节法与伦理的理性思考 ．．． ·7 第二节环境法与环境伦理的关系 8 一、分离与反分离及环境法伦理化与环境伦理法律