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一、生态利益的概念及特征利益是人类的基本追求之一,而实现利益诉求的最重要工具就是法律。环境保护法也不例外,环境法所要保护和调整的利益,也即环境法的法益,通常被统称为“环境利益”。史玉成教授根据利益的属性和对人影响的效果,将环境利益分为环境生态利益和环境资源利益。(史玉成.生态利益衡平:原理、进路与展开[J].政法论坛,32卷〈2〉.)学界有许多对生态利益概念的认识,包括
First, the concept and characteristics of ecological interests Interests are one of the basic human pursuit, and the most important tool to achieve the interests of the demand is the law. The law of environmental protection is no exception. The interests to be protected and adjusted by environmental law, that is, the legal interests of environmental law, are generally referred to as “environmental interests.” Professor Shi Yucheng divides the environmental benefits into environmental and ecological benefits and environmental and resource benefits according to the attributes of interests and the effects on people. (Shi Yucheng. Ecological balance of interests: the principle, approach and expansion [J] .Political and Law Forum, 32 <2>.) There are many academic circles on the concept of ecological interests, including