Research on the Environmental Public Interest …
651
4 The Path for Deeply Implementing Jinping Thought
on Ecological Civilization and Improving the EPIL
System
1. The theoretical system and conceptual basis for the EPIL improvement
First, we should fully understand the philosophical characteristics embodied in Xi
Jinping Thought on Ecological Civilization, and on this basis construct a theoretical basis system for environmental law and EPIL. As mentioned above, the Xi
Jinping Thought on Ecological Civilization is rich with theoretical connotations.
Among them, the scientific outlook on nature about “harmonious coexistence of
man and nature” is powerfully philosophical, reflective and critical. Traditionally
Western philosophy emphasizes the human “subjectivity” and discusses the attributes
of objects, the relationship between humans and objects, and how people perceive
objects from the primary point of view of “humans” as the subject, which is a stance
of “anthropocentrism.” In contrast, based on Marxism and traditional Chinese philosophy, Xi Jinping put forward the theory of “community of life,” which “from the
height of the dialectical unity of subject and object, unites mankind and nature in the
profound and grand concept of ‘community of life,’ reveals the essential man-nature
relationship and the correct way for humans to understand the world, transcends and
bridges the two opposing schools of anthropocentrism and naturalism in western
ecological ethics.” If we say that the legal system of any country and period is
based on the philosophy of the times, then to improve today’s environmental law and
EPIL system, we must base on the Xi Jinping Thought on Ecological Civilization,
a philosophical thinking of the new era. As Professor Lv Zhongmei pointed out,
“The object of environmental legal relations has certain subjectivity.” But the theory
of legal relations based on traditional philosophy does not recognize the independent value of objects. The environmental law is based on environmental philosophy.
People-oriented, it regards the natural environment as the object of human understanding and the means for human development, at the same time attaches importance
to the value of the natural environment and demands the establishment of harmonious
relationship between man, nature and individuals. The object of environmental legal
relations under this concept is no longer at the whim of the subject.” Therefore, to
construct the basic theoretical system for PIL, we need to interpret the dialectical
relationship between man and nature with a new philosophical basis and from a new
theoretical perspective.
Second, we should straighten out the relationship between the environmental legal
system and the traditional legal system. In current judicial practice, EPIL generally
invokes the Tort Liability Law as the basis of substantive law. But many hard-toexplain theoretical issues will arise by handling environmental torts or EPIL through
the tort system. For example, from the perspective of tort liability, which rights or
interests of whom are violated by environmental damage? If it is the environmental
public interest, then how to define public interest? Is public interest as the direct
object of violation too general and too vague in the legal system? The Reform Plan
651
4 The Path for Deeply Implementing Jinping Thought
on Ecological Civilization and Improving the EPIL
System
1. The theoretical system and conceptual basis for the EPIL improvement
First, we should fully understand the philosophical characteristics embodied in Xi
Jinping Thought on Ecological Civilization, and on this basis construct a theoretical basis system for environmental law and EPIL. As mentioned above, the Xi
Jinping Thought on Ecological Civilization is rich with theoretical connotations.
Among them, the scientific outlook on nature about “harmonious coexistence of
man and nature” is powerfully philosophical, reflective and critical. Traditionally
Western philosophy emphasizes the human “subjectivity” and discusses the attributes
of objects, the relationship between humans and objects, and how people perceive
objects from the primary point of view of “humans” as the subject, which is a stance
of “anthropocentrism.” In contrast, based on Marxism and traditional Chinese philosophy, Xi Jinping put forward the theory of “community of life,” which “from the
height of the dialectical unity of subject and object, unites mankind and nature in the
profound and grand concept of ‘community of life,’ reveals the essential man-nature
relationship and the correct way for humans to understand the world, transcends and
bridges the two opposing schools of anthropocentrism and naturalism in western
ecological ethics.” If we say that the legal system of any country and period is
based on the philosophy of the times, then to improve today’s environmental law and
EPIL system, we must base on the Xi Jinping Thought on Ecological Civilization,
a philosophical thinking of the new era. As Professor Lv Zhongmei pointed out,
“The object of environmental legal relations has certain subjectivity.” But the theory
of legal relations based on traditional philosophy does not recognize the independent value of objects. The environmental law is based on environmental philosophy.
People-oriented, it regards the natural environment as the object of human understanding and the means for human development, at the same time attaches importance
to the value of the natural environment and demands the establishment of harmonious
relationship between man, nature and individuals. The object of environmental legal
relations under this concept is no longer at the whim of the subject.” Therefore, to
construct the basic theoretical system for PIL, we need to interpret the dialectical
relationship between man and nature with a new philosophical basis and from a new
theoretical perspective.
Second, we should straighten out the relationship between the environmental legal
system and the traditional legal system. In current judicial practice, EPIL generally
invokes the Tort Liability Law as the basis of substantive law. But many hard-toexplain theoretical issues will arise by handling environmental torts or EPIL through
the tort system. For example, from the perspective of tort liability, which rights or
interests of whom are violated by environmental damage? If it is the environmental
public interest, then how to define public interest? Is public interest as the direct
object of violation too general and too vague in the legal system? The Reform Plan