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保护优先原则作为环境法基本原则于2014年写入新《环境保护法》,但新法并未对该原则给予进一步明示,也未有官方解释出台。本文对该原则的理论基础进行了论述,认为可持续发展、环境权、环境正义及环境伦理分别是该原则的社会目标基础、公民权利基础、法律价值基础及环境道德基础,希冀为该原则的进一步研究奠定理论基础。
As a basic principle of environmental law, the principle of protection was written into the new Environmental Protection Law in 2014, but the new law did not provide further clarification on this principle nor was it officially released. This paper discusses the theoretical basis of the principle, and holds that sustainable development, environmental rights, environmental justice and environmental ethics are the basis of the social goals, the basis of civil rights, the foundation of legal values and the environment and morality of the principle respectively. Hopefully, this principle Further study laid the theoretical foundation.