论文部分内容阅读
传统村落是物质与非物质形态的综合体,具有经济、文化等多重价值。从法学的角度分析,它不属于宪法上的自然资源,是民法上的集合物,同时因具有经济、生态与其他非经济价值又属于环境法的调整对象。从理性、经验层面上讲,对传统村落进行环境法保护具有正当性。具体而言,环境法立法理念的利益协调、调控方式的整体保护与调整手段的公共治理等,契合传统村落保护。
Traditional villages are a combination of material and non-physical forms, with multiple values such as economy and culture. From the legal point of view, it does not belong to the constitutional natural resources, is a collection of civil law, at the same time due to the economic, ecological and other non-economic value and belongs to the adjustment of environmental law object. From a rational and empirical level, it is justified to protect the traditional villages in environmental law. Specifically speaking, the concept of environmental law, the interests of the coordination of the concept of regulation and control of the overall protection and adjustment of public governance, in line with the traditional village protection.