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物权理论传承于古罗马,属于农业社会的法学理论;环境法则是完全工业社会的产物。物权理论是民法领域的重要理论,与民法思维方式相匹配。但民法思维方式较为僵化,与环境法所要求的思维方式存在冲突,束缚了法律创新,难以与时俱进。为适应环境法中财产责任社会化、诉讼公益化等特点,我们应该反思环境保护中的“民法化”思维方式的利与弊,学习并借鉴美国法的“宪法化”保护。
Property theory inherited in ancient Rome, belongs to the legal theory of agricultural society; environmental law is the product of a completely industrial society. Property theory is an important theory in the field of civil law and matches with the way of thinking in civil law. However, the way of thinking in civil law is more rigid and conflicts with the way of thinking required by environmental law, which limits the innovation of law and is difficult to keep pace with the times. In order to adapt to the social responsibility of property and litigation public welfare in environmental law, we should reflect on the pros and cons of “civil law” thinking in environmental protection and learn from the “constitutionalization” protection of American law.