| Chinese environmental law researchers have deviated their recognitions of law from its nature. They confuse the relationship between law and morality, and deal with legal issues in moral thought. They confuse the relationship between law and discipline, and can’t realize the effective transformation from the laws of nature to the law of society. They copy the western experience mechanically, and lack of local reflection and self-position. They separate legislation from law enforcement, and offer legislative proposals without regard to the social foundations and conditions. And they break up the connection between environmental law and traditional law, and depart from the basic rules of law when innovate, which subvert the entire legal order. The deviation of legal concept makes the environmental law research only play an enlightenment role in practice. The results of their research are in fact the expression of their dream of ideal environmental order, rather than the application of the legal rule in the judicial practice. Although these studies are wide in topics and large in quantity, it is difficult for them to form consensus through effective argument to promote legal theory, and they are not benefit to the development of the rule of environmental law. Due to the complexity of environmental protection, environmental practices need urgently clear, specific, and practicable environmental laws and regulations to settle environmental disputes institutionally. Thus Chinese environmental jurisprudence must transform from an enlightenment theory to a theory of rule of law by narrowing the research objectives and range, grasping the essential characteristics of law firmly, strengthening the localization of studies, respecting for the existing law, and adopting a realistic thinking mode. |
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