自20世纪80年代以来,整个环境法学界在各种教材和论著中均将文献中记载的殷商和秦国“弃灰法”定位为环境法,并认为其是中国乃至世界最早的环境法。这是环境法学界抱持的一种长期性、整体性的错误观点。从环境法的视角解读“弃灰法”并不具有合理性,而对之最具合理性的两种解释是“发展农业说”和“禁止移祸行人说”。 Since the 1980s, the environmental law community as a whole has identified the Shang and Qin Dynasties as environmental laws in various textbooks and treatises as the earliest in China and the world. Environmental Law. This is a long-term, holistic and erroneous view held by environmental law scholars. From the perspective of environmental law, “discarding the gray method” is not reasonable. The two most reasonable explanations are “development of agriculture theory” and “prohibition of displacement of pedestrians”.