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环境法律方法具有服务于司法实践的重要功能,这也是它区别于环境法学研究方法的主要特点之一。加强环境法律方法研究有助于推进我国环境司法的发展。目前国内环境法律方法研究还仅限于法律解释、法律思维、利益衡量和漏洞补充等领域,尚未涉及到法律发现、法律推理、法律判断、法律论证和法律拟制等问题,因此环境法律方法体系还有待于完善;对环境法律方法的探讨还仅局限于理论界,在该问题上与司法实务界的沟通和交流还有待加强。环境法律方法研究既必须遵循法律方法研究的传统范式,更要形成自己特有的方法即生态化的方法。
The environmental law method has the important function of serving the judicial practice, which is also one of the main features that distinguishes it from the research methods of environmental law. Strengthening the study of environmental legal methods will help to promote the development of environmental justice in our country. At present, the research on domestic environmental laws and methods is still limited to such fields as legal interpretation, legal thinking, interest measurement and vulnerability supplement, and so far, the problems of law discovery, legal reasoning, legal judgment, legal argumentation and legal formulation have not been covered yet. Therefore, It needs to be perfected. The discussion of environmental legal methods is still limited to theorists, and the communication and exchange with the judicial practitioners on this issue need to be strengthened. The study of environmental laws and methods must not only follow the traditional paradigm of legal methods, but also form their own unique method of ecologicalization.