建设和谐社会、环境友好社会的法学理论——调整论

介绍调整论的主要内容,阐明法律应不应该、能不能够以及如何调整人与自然关系这三个层次的问题,概括了调整论对主流法理学补充的四个要点,以及对主流法理学进行反思与挑战的四个基本理论领域.认为法律人是作为人与人的关系和人与自然的关系的总和的人;每个人只能通过自身与其他人的关系和自身与自然(环境资源)的关系求生存、求发展、求利益、求幸福;个人通过其行为建立和变革人与人的关系和人与自然的关系,法律既可以规定人对人的行为,也可以规定人对自然物的行为,因而法律既能够调整人与人的关系,也能够调整人与自然的关系.环境资源法对人与自然关系的调整,是指环境资源法根据社会经济规律和自然生态规律,根据人与自然关系的不同类型、特点和社会需要,设立相应的权利、义务、规则和制度去调整人与自然的关系.环境资源法对人与自然关系的调整,是一个渐进的、不断发展的过程,应该与时俱进.环境资源法调整人与自然关系的机制包括其他法律部门的相关调整机制和环境资源专门法所特有的调整机制即生态化调整机制.

The Regulation Theory: A Legal Theory for Constructing Harmonious Society and Environment-friendly Society

This paper presents the main content of the Regulation Theory; It clarify three levels of problems that whether law should or not regulate, whether law can or not regulate and how law regulate the relations between man and nature; It also generalize the four points of the Regulation Theory that supplemented to the mainstream jurisprudence, as well as the four basic fields of the Regulation Theory that rethought and challenged to the mainstream jurisprudence. This paper holds that, legal person is the man as the unity of relations among people and those between man and nature. Only by developing relations with other people or nature can everyone obtain subsistence, development, interests and happiness. An individual establish and change the relations between man and nature through his behaviors, law can stipulate the behaviors of a person to other person and to the nature, so law can regulate not only the relations among people but also those between man and nature. Environment and resources law regulate the relations between man and nature which signifies that environment and resources law set up relevant rights, obligations, rules and systems to regulate the relations between man and nature in accordance with social, economic, nature and ecological law, the diverse types and characteristics of the relations between man and nature as well as social needs. Law regulate the relations between man and nature is a gradual and continuously evolutive process, which is progressing with time. The regulation mechanism of environment and resources law include relevant regulation mechanism of other law departments and the specific regulation mechanism of environment and resources law which is also named ecological regulation mechanism.