Journal of Jishou University(Social Sciences)

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Analysis of the Constitutional Concept of "Ecological Environment"

GONG Gu   

  1. (Guanghua Law School,Zhejiang University,Hangzhou 310018,China)
  • Online:2019-09-01 Published:2019-07-29

Abstract: "Ecology" and "environment" originate from different disciplines,which have similar but different meanings and continue to develop."Ecological environment" in China's Constitution is an original concept with rich Chinese characteristics,yet it has caused widespread controversy in the scientific community.Because it is lexically ambiguous and easy to cause misunderstanding,it is not an ideal legal concept.However,it has its rationality and positive significance under special the background of times.The correct treatment to it,from the constitutional point of view,is to accept the fact,analyze it dialectically,and combine it with the modern environmental concept and the existing legal fact to make the broadest interpretation,so as to provide the legitimacy basis for the system innovation in the lower law without the necessity to have a complete correspondence with the legal concept.The interpretation of environmental constitution should be beyond the limitations of the text and be more open and pragmatic.

Key words: ecological environment, constitution, legal concept

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