Journal of Jishou University(Social Sciences Edition) ›› 2024, Vol. 45 ›› Issue (6): 114-123.DOI: 10.13438/j.cnki.jdxb.2024.06.012

• Ecological and Environmental Protection Forum • Previous Articles    

On the Rationality of Environmental Justice

ZHENG Mumin   

  1. (College of Law and Public Administration,Jishou University,Jishou 416000,Hunan China)
  • Online:2024-11-01 Published:2024-11-25

Abstract: Justice must be rational.The rationality of environmental justice mainly includes "policy rationality","legal rationality" and "wisdom rationality".The basic spirit of environmental justice must be in line with the Party and the country's major policy,that is,it needs to have a high degree of policy rationality and reflect thepolicy characteristics of justice.Judicature requires that the practice of environmental judicature must be strictly in accordance with the provisions of laws and regulations,that is,with strict legal rationality;the case-nature of justice pays attention to the difference of facts and how complex and identifiable the causality is.In the pursuit of fairness and justice in the case facts,it is necessary to practice the just wisdom and rationality.In terms of their inherent relationship,legal and political rationalities nurture the "soul" of environmental justice,political and intellectual rationalities strengthen the "skeleton" of environmental justice,and intellectual and legal rationalities train the "skills" of environmental justice.It is supposed to comprehensively understand and grasp the organic integration and dialectical unity of environmental judicial rationality,and overcome the limitations and biases of environmental judicial rationality from a single perspective.Based on the need in practice,environmental justice in our country needs to further properly handle the "policy rationality" of judicial agency,balancing the "legal rationality" of environmental judicial effectiveness,and dialectically regulating the "wisdom rationality" of environmental justice.

Key words: environmental justice, policy rationality, legal rationality, wisdom rationality, rationality

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