论文部分内容阅读
“公害”一词虽然在我国环境法律文件中一直使用,但是其具体含义却从未在法律上得到明确界定。从历史和比较的视角,本文考察了“公害”一词的起源以及公害制度的产生和发展,进而发现公害制度所体现的被动应付式的环境保护理念已遭普遍摒弃,以制定法为主体的当代环境法体系已经形成。鉴于“公害”一词的环境法含义已被当前国际上普遍使用的“环境污染”概念所包含,笔者认为我国环境法律应该废弃“公害”一词的使用。
Although the term “public hazard” has been used in environmental law documents in our country, its specific meaning has never been clearly defined in law. From a historical and comparative perspective, this paper examines the origin of the term “public nuisance” and the emergence and development of the public hazard system, and then finds that the concept of passive coping environmental protection embodied in the public nuisance system has been generally abandoned to enact laws The main body of contemporary environmental law system has been formed. In view of the fact that the meaning of environmental law in the term “pollution” has been implicated in the concept of “environmental pollution” commonly used in the world at present, the author believes that the use of the term “pollution” should be abandoned in our environmental law.