中国人口·资源与环境2024，Vol.34Issue(12)：108-115,8.DOI:10.12062/cpre.20240524
法官援引生态文明裁判说理的实证考察与法理反思
Empirical analysis and jurisprudential reflection of judges invoking ecological civili-zation in judicial reasoning
摘要
Abstract
Under the dual background of vigorously promoting the construction of ecological civilization and the specialization of envi-ronmental justice,the situation of judges invoking ecological civilization in judicial reasoning can indirectly reflect the specific compati-bility of ecological civilization and the rule of law.Through the empirical analysis of 244 judgment documents and normative analysis of legal articles,this study finds that there are significant differences in case types,regional distribution,court levels,and reasoning styles.The integration of ecological civilization into judicial reasoning is mostly presented in a substantive rather than a formal form and plays a positive function in norm selection,value declaration,and conflict reconciliation.However,in the process of invoking ecological civili-zation,judges also face some issues,such as exceeding their limited function,undermining the justice of the case due to the imbalanced interests,and reducing the effectiveness of judicial reasoning due to rigidity.To better respond to individuals'yearning for new ecologi-cal interests,the public's urgent need for environmental public interest protection,and China's strategic layout for ecological civiliza-tion construction,judges should improve the judicial reasoning of invoking ecological civilization in the future from the following three aspects:① Adhere to the bottom-line logic of'judging according to law;'comply with the basic requirements and specific operations of'judging according to law;'and accurately identify cases that can invoke ecological civilization to fill loopholes.② Skillfully use inter-est measurement methods;respect the priority of environmental public interests while taking seriously the rights and interests of specif-ic minority groups and other individuals;and,while following the priority of ecological restoration,promote the compensation scheme for ecological environmental damage to show individual adaptability,thereby achieving comprehensive judicial justice based on interest measurement.③ Strengthen the case response of invoking ecological civilization in judicial reasoning;pay attention to the reasoning of the case;and closely combine ecological civilization and legal interpretation to improve the method of judicial reasoning.Invoking eco-logical civilization enriches legal reasoning and legal argumentation and enhances the rigor of judicial reasoning.关键词
生态文明/裁判说理/生态利益/利益衡量Key words
ecological civilization/judicial reasoning/ecological benefit/interest measurement分类
社会科学引用本文复制引用
侯明明,周诗雅..法官援引生态文明裁判说理的实证考察与法理反思[J].中国人口·资源与环境,2024,34(12):108-115,8.基金项目
国家社会科学基金青年项目"中国法院执行生态文明公共政策的基本原理与优化路径研究"(批准号:23CFX052). （批准号:23CFX052）
