Study On Legal Interests Of Environmental Law

The study on the legal interests of environmental law is the inevitable choice on the road of "making the environmental law return to the law".In the current study of environmental law,the source of knowledge of environment law not only requires the dialogue with other branches of law but also depend on the interdisciplinary communication.In this background,the research of environmental law inevitably leads to 2 pernicious places.In order to reverse this satiation,the research of environmental law must focus on the construction of core categories.Influenced by traditional “right-based legal research paradigm”,the right to the environment has become the paradigm of the research of environmental law in the long time.Owing to the fact that the combination of ‘environment’ and ‘right’ is ‘congenital deficiency’and ‘acquired deformity’,there are many drawbacks in the study of the right to environment.Therefore,the research of legal interest of environmental law is proposed.Before launching the legal interest research of environmental law,the concept of“environment” and “legal interest” must be analyzed first,and the relationship between “legal interest” and “interest” and “right” should be identified on the basis of understanding the concepts of “interest” and “right”.From this,the noumenon of legal interest of environmental law can be recognized.Because the interest basis of environmental law is the environmental interest,the core legal interest of environment law is the legal interest of environment,i.e the needs of human beings for environmental interests established and realized by environmental law.In the meantime,the legal interests of environment can be typed into different categories according to different criterion: individual legal interests of environmental law and super-individual legal interests of environmental law(social legal interests of environmental law,national legal interests of environmental law,regional legal interests of environmental law and global legal interests of environmental law):substantial legal interests of environmental law and functional legal interests of environmental law;safe legal interests of environmental law,sanitary legal interests of environmental law,comfortable legal interests of environmental law,the preservation of history and culture of legal interests of environmental law and aesthetic legal interests of environmental law;realistic legal interests of environmental law and expected legal interests of environmental law;the time scale of legal interests of environmental law and space scale of legal interests of environmental law.The functions of legal interests of environmental law is mainly manifested in two aspects: the function of constructing legislation and the function of interpreting law enforcement.The former includes the construction function in the purpose of environmental legislation,the principle of environmental legislation and the rules of environmental legislation;the latter includes the interpretation function in the basis of claim for environmental damage relief,the scope of complainant of environmental administrative litigation and the basis of criterion of the interests of environmental law legislation.In the meantime,testing the former function through ‘Yangtze River Protection Law(the draft)’ and ‘Regulations on the Protection of Drinking Water Sources in Xiaogan City’ and demonstrating the latter function through analyzing the basis of claim in environmental public interest litigation and ecological and environmental damage compensation litigation,the judgment of the qualification of complainant in the revocation of the third party in the review and approval of EIA and the criterion of balancing the interests in EIA strategy.