私权还是公益？环境法学核心范畴探析

核心范畴研究对于环境法的学科发展和制度建设具有重要意义。私权不是环境法的核心，以环境权为核心范畴无助于环境问题的根本解决，不利于环境法学的独立和发展。环境法学的核心范畴应为公众环境利益，其在本质上是一种法益而非权利。只有从环境公益出发，坚持公益视角，才能正确解释环境法诸现象，环境法学才能证明其独立性并构建出独特理论体系，环境法制才能从根本上解决环境问题。

Private Right or Public Interest:Reflections on the Core Category of Environmental Law

The research on the core category has great importance for the development of the subject and the construction of environmental law system. Private right isn’t the core category of environmental law, so viewing the right of environment as the core category is not good for the dependency and development of environmental law and eventual solution to environmental problems. The core category of environmental law should be public environment interest, which is not about right but a kind of legal interest in essence. Only based on public environment interest and insisted on the angle of view of public interest, we can well explain all kinds of phenomenon of environmental law, and it could be possible for environmental law to prove its independency and construct its particular theory system. Eventually, environment law can really solve the environmental problems.