What Kind of Environmental Code Does China Need:Revisiting the Moderate Codification of Environmental Law
The theory of Moderate-Scale Codification of Environmental Law aims to promote the progressive codification of environmental law and to realize a moderate-scale by lowering the standard of systematization.Moderate-scale codification is actually a staged codification strategy,but"moderation"itself has an insurmountable ambiguity,which depends on the cun-ent reality and legislation,and needs to be adjusted at any time according to the specific objectives of the development of environmental law.The key lies in how to clarify the goal of moderate-scale codification,in accordance with the dynamic changes in legislative tasks and the legislative environment.In order to solve the problem of the complexity of environmental laws and improve the efficiency of codification,the theory of moderate codification of environmental laws at the present stage should adhere to the concept of"simplicity"and inherit the long tradition of simplified codification in the Chinese legal system.This involves constructing a"dual-order source of law"comprising an ecological and environmental law code and non-codified law.On the basis of constructing this"dual-order source of law"pattern,the simplicity of the normative source,logic system,and legal provisions of the Code should be realized.
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