Optimization of the Institutional System for Realizing the Value of Ecological Products in the Context of Codification
The realization of the value of ecological products is an important way to practice the concept of"lucid waters and lush mountains are invaluable assets"and build a beautiful China.The Opinions on Establishing and Improving the Mechanism for Realizing the Value of Ecological Products and the cases released by the Ministry of Natural Resources show that the realiza-tion of the value of ecological products is gradually developing towards the rule of law.The current theoretical research on"the realization process and mode of realization"is difficult to promote the value integration of the ecological product value realization system,and"the legal mechanism"ignores and weakens the normative nature of environmental law,resulting in the decoupling from sectoral laws,and is not conducive to the systematic construction of the legal system due to the lack of operability.After the compilation and study of environmental code is included in the legislative plan of the National People's Congress,it provides new opportunities and puts forward new requirements for the systematization of the legal system for realizing the value of ecological products.In view of the systemic dilemmas such as system ambiguity,lack of system,system conflict and system congestion,it is necessary to turn to the legal system of realizing the value of ecological products under the perspective of reductionism.Under the guidance of formal rationality and substantive rationality,the legal norms of the right attributes of ecological products and their realization process are analyzed by sectoral law reduction,and the political language and party language are reduced and transformed into legal language,which are typified into three legal systems of compensation,compensation and indemnity.The construction of the legal system for realizing the value of ecological products requires the flexible use of system interpretation,system integration,system supplementation,system coordination,etc.,to build a system for realizing the value of ecological products that is organically integrated and synergistically coordinated with the system of the three compensation systems,inclu-ding the core circle,the expansion circle,and the peripheral circle system,to form a 1+X system of law and norms for realizing the value of ecological products.