Study On The Methodology Of The Codification Of Chinese Environmental Law

In ecological civilization era, environmental code is the best choose for Chinese Environmental Protection Law. However, there is "decoupling" phenomenon among the current research between the codification of environmental law and the methodology of environmental law. Therefore, in order to open and promote codification process of China's environmental law, this paper, with the methodology of jurisprudence, aims to reflect and review the current codification movement of environmental law.This paper mainly use the methodologies of comparative, philosophical, historical analysis to explore and prove the methodologies of environmental legislation, codification of environmental law, environment code and other concepts, as well as the codification, anti-codification, de-codification of environmental law, etc. Having analyzing the support and opposition opinions of the codification of environmental law, we hold that the formulation of China's environmental code should be put on hold, rather than not, and propose that the new proposition of "the methodology of codification of environmental law".Furthermore, this paper study, with the perspective of comparative law, the movement of the codification of environmental law in Sweden, France, Germany and other countries, as well as the simplification of EU law, with the aim to explore its references and methodologies. We think that there is no mature and fixed mode for the structure of the environment code. Different countries should, basing on their own actual needs to, make a choice to determine their own environmental codes in the scope, content and methods, environmental legislation needs from their make a choice.Finally, the subject and object integration ideas, eco-humanist ideology, rights-based thinking, methodologies of individualism and holism of methodological and so on is also closely analyzed. Meanwhile, this paper, from the dynamic perspective of specific systems, explore and reflect the codification of China's environment law in the technology and system level, and so as well as the basic contents and its use of the systemization methodology, the new humanist ideas, the methodology of legal rights and justice etc.