Research on the System Structure,Boundary Extension,and Integrated Legislation of Environmental Code
Since the 18th National Congress of the Communist Party of China,Xi Jinping's ecological civilization ideology has deepened the understanding of the laws of nature and the laws of human social development.In the section of"vigorously promoting ecological civilization construction",the equivalent separation of resources,environment,and ecology have been explicitly stated,providing a political foundation for the development of the environmental legal system from a"dualistic"approach to a"trichotomous"approach.With the increasing number of ecological and environmental legislations,the environmental legal system has further demonstrated characteristics of a lack of systematicity,leading to the proposal of viewpoints such as transitioning from a"trichotomous"approach to a"septenary"approach.The expansiveness of the environmental law field has made its boundaries ambiguous.The reshaping of the function of environmental law by national security strategy requires adjustments to the structure of the environmental legal system,going beyond traditional classification criteria.It is recommended to establish a new environmental legal system with the overarching goal of green"new economic security"values,extending its boundaries and treating climate law as a sub-system of environmental law.The concept of"natural capital"should be used to integrate laws on natural resources and natural(ecological)conservation,clarifying the inherent logical structure and updating and constructing a new sub-system of laws on natural resources(ecology)conservation.Due to the changes and lack of systematicity in the environmental legal system,on the basis of the principle of moderate compilation,if the substantive goal is to establish an"Ecological Environment Code",it is recommended to construct integrated legislation within the smallest scope,starting with the core construction of general provisions of environmental responsibility,and establish an"Environmental Code General Provisions".
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