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20世纪70年代以来,我国法学界的学者们对环境法进行了由浅入深的理论探讨,取得了一定的理论研究成果,形成了自己的特色。但不可否认,环境法理论研究存在诸多问题,学界并没有在一些更为基础的理论问题如环境权、环境利益、环境法的本位问题、环境法的调整对象、环境法体系划分等方面取得一致性的看法,导致整个环境法的研究在一定程度上呈现出一种互不交涉的状态。对此,我们不得不对此进行反思,并重新审视环境法学理论研究存在的困境,承认环境法是一个独立的法律部门,拥有一套完善理论框架体系,明晰现在面临的环境问题,进而实现环境法的使命。
Since the 1970s, scholars of law circles in our country have made a deep discussion of the environmental law and have made some achievements in theoretical research, forming their own characteristics. However, it is undeniable that there are many problems in the study of the theory of environmental law. The academic circles did not agree on some more basic theoretical issues such as environmental rights and environmental interests, the standard of environmental law, the object of environmental law and the division of environmental law system The sexual view led to the fact that the study of environmental law as a whole showed a certain degree of non-negotiation. In this regard, we have to reflect on this and re-examine the dilemma existing in the theoretical study of environmental law. We recognize that environmental law is an independent legal department that has a set of sound theoretical frameworks to clarify the environmental problems we now face and to achieve environmental law duty of.