中国人口·资源与环境2025，Vol.35Issue(12)：11-18,8.DOI:10.12062/cpre.20251043
生态环境法治的实践理性意蕴及其展开
Practical rationality of ecological and environmental rule of law:an analysis based on the implementation of the Environmental Protection Law
摘要
Abstract
The Environmental Protection Law of the People's Republic of China(hereinafter referred to as the Environmental Protec-tion Law),revised in 2014 by the Standing Committee of the National People's Congress,provides an important legal basis for ecologi-cal and environmental protection in China.The implementation of the Environmental Protection Law embodies the practical rationality of ecological and environmental rule of law.The practical rationality of ecological and environmental rule of law in this context repre-sents the fundamental value stance adopted by environmental law when regulating social relations.This study reviews the implementa-tion of the Environmental Protection Law and further explores the connotation,characteristics,and methodologies of practical rationality in ecological and environmental rule of law.The study finds that,since the implementation of the Environmental Protection Law,the ecological and environmental supervision mechanism has been improved through integrated"government—enterprise"oversight and shared"Party Committee—government"responsibility.Stringent enforcement measures have ensured the effective implementation of ecological and environmental legal systems,while public participation has promoted diversified co-governance in ecological and envi-ronmental protection.In terms of connotation,the practical rationality embodied in the implementation of the Environmental Protection Law integrates legal practical rationality and ecological practical rationality.The former provides a legal enforcement framework based on a hierarchy of values and institutional systems,while the latter offers perspectives for optimizing implementation and value adjust-ment.In terms of basic characteristics,the practical rationality of ecological and environmental rule of law is grounded in China's prac-tical experience in ecological and environmental governance and draws on relevant international governance experiences,providing mechanisms and methodological references for the implementation of the Environmental Protection Law.From the perspective of legal application,on the one hand,the application of the law should be standardized based on the principle of protection priority,regulating discretionary power during the enforcement of ecological and environmental laws and reasonably applying legal principles and policies.On the other hand,implementation mechanisms should be optimized based on the concept of moderate adjustment,ensuring normative enforcement and leveraging the overarching function of the law.This study analyzes the practical rationality of ecological and environ-mental rule of law from the perspective of the implementation of the Environmental Protection Law and explores academic issues con-cerning the concepts and methods of ecological and environmental rule of law in the new era.关键词
《环境保护法》/实施/生态环境/法治/实践理性Key words
Environmental Protection Law/implementation/ecology and environment/rule of law/practical rationality分类
社会科学引用本文复制引用
胡泽弘,于文轩..生态环境法治的实践理性意蕴及其展开[J].中国人口·资源与环境,2025,35(12):11-18,8.基金项目
国家社会科学基金青年项目"环境健康权保护的公私法协动进路研究"(批准号:21CFX049) （批准号:21CFX049）
