Ideal Scenario,Practical Difficulties and Path Optimization for Compilation of the Environmental Code with Chinese Characteristics
Chinese President Xi Jinping stressed the need to summarize the experience of compila-tion of the China's Civil Code and promote the codification in the legislative area in due time when conditions permit.The third plenary session of the 20th Central Committee of the Communist Party of China made strategic arrangements for deepening reform in ecological conservation and clearly proposed to compile the environmental code.How to complete the compilation of the environmental code with Chinese characteristics?It needs to create an ideal scenario for the environmental code with Chinese char-acteristics from the three-dimensional perspectives of the core idea,the codification system,and the contents of codification,and it also needs to overcome the dilemma between ideal and reality and explore the implementation path.In terms of the core idea in the compilation of the environmental code,it is necessary to break through the thinking of"economic man"in the traditional field of law and gradually implement the concept of harmonious development of three types of communities with a shared future,so as to ensure the full inclusion of the environmental rights in the environmental code by promoting the inclusion of environmental rights in the Constitution before its inclusion into the civil code.In terms of the codification system,an ideal environmental code should be compiled under the guidance of the Pandekten system in terms of general provisions and specific provisions,and it should be flexible,open and have comprehensive coordination,as well as fully leverage the advantages of high level of systemati-zation.Therefore,regarding the general provisions of the code,it is necessary to define basic concepts,clarify basic principles,and define the legislative purpose of the codification.Regarding the specific provisions of the code,it is necessary to achieve coordination and flexibility among specific provisions in accordance with China's actual situations.Finally,in terms of the content of the legal code,an ideal environmental code should have universal coverage and be able to include all relevant systems in a comprehensive and reasonable manner.However,at present,the legislation should be made in different phases and appropriate contents of the code should be handled properly under the proper codification approach.
ecological progressthe environmental codecodificationlegislation system
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