The compilation of Chinese ecological and environmental code poses challenges in the new era,particularly in the areas of legal innovation,development,preservation and reformation of legal principles and institutions.First,nature conservation and ecological protection law is a newly emerged component of environmental law,reflecting the most achievements in environmental legal reform and China's ecological civilization construction.The compilation of the ecological and environmental code must incorporate such advancements in this field.Conceptually,natural ecological conservation law can be further divided into two primary categories based on its purposes and methods:the first is nature conservation law focusing on the preservation of pristine natural ecosystems and biodiversity through prohibitions and restrictions on development and exploitation;the second is ecological protection law,which focuses on the restoration,rehabilitation,and damage recovery of ecosystems to maintain their service functions.The proposal to formulate a section on natural ecological protection in the ecological and environmental code demonstrates the integration of compilation with the above legal theory on natural ecological conservation law.Secondly,a crucial mission of the ecological and environmental code is to affirm environmental rights comprehensively.This objective is of great significance as it fully embodies the rule of law's stance of"people-centeredness,"and serves as a key foundation for China's participation in global human rights governance,and as a foundational concept in environmental jurisprudence to increase substantial legal value into the whole legal and regulatory framework of environmental protection.The recognition of environmental rights in the code should encompass both a general concept and specific types of environmental rights,ensuring a balance between substantive and procedural dimensions.Third,the compilation of the ecological and environmental code reignites the theoretical debate on the status of environmental law:should it continue to be regarded as an independent branch of law,or has it become merely an area concerning environmental protection?Such positioning of environmental law will determine the compilation model,structure,and institutional contents.The rejection of environmental law as a specialized branch of law may weaken the subjective conviction within the academic and legal communities regarding the development of environmental legal and regulatory rules into a wholistic and logistic legal system,potentially hindering the progress of environmental legislation,enforcement and adjudication.Consequently,the recognition of environmental law as an independent branch of law is conducive not only to the systematic construction of the legal framework but also to the compilation of ecological and environmental code.Finally,the compilation of an ecological and environmental code should take full account of the global trend towards in the rule of law,accurately grasp its intrinsic value system and the logic of its institutional development.The code should establish the principle of environmental justice and emphasize the importance of communication and consultation mechanisms,as well as experts and public participation in order to enhance the role of Chinese code in shaping global ecological legal order.
ecological and environmental codenature conservation and ecological protection lawenvironmental rightsindependent branch of lawideology of global order in compilation
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