On The Codification Of Environmental Law In China

The codification research of environmental law in China is playing more important role in legislation purpose, guiding ideology and perfecting fundamental frame of China's environmental statutory framework, the environmental models make environment law clearly further. The law of environment of codification in statute -law country is one general developing trend at the beginning of 21st century. It is very important to socialism rules construction of our country which will get a breakthrough progress embodies. We should take the primal problem that China exists many more things in current environment law as point of penetration, we can prove its necessity and possibility of codification in China by rational and practical aspects which are responded to realizing codification of environmental law, and conceive one suggestion of codification legislation—transplanted and local law, that is to say, they are the fundamental train thoughts of thesis. According to this one train of thought, the entire logic frame of thesis can be composed of three parts.First part discusses codification basic of brief theory. In the light of harmony and systematic standards ,Codification carry out the compiling process which are organs of state power of relevance laws and statutes to the legal department by adjusting the same kind of human relations in society. During the codification process the code can not deviate from each other because it has characteristics such as completeness, simplification and system of law. Codification is beneficial to unity of legal institutions and legislation purpose science of law coming true, and it can promote the country and every nations and develop education studies in science of law.The second part has discussed main rational basis and realization basis of environmental law codification in our country. Point out that codification exists rational by fixing codification implication and the standard boundary, and having an effect in social system civilization. Its law philosophy basis is natural law evolution and rationalism; the basis of politics, economy and culture is establishment of ruled law; The historic tradition of codification is Roman law tradition. These contents has been provided for codification of our environmental law that ultimateness will come true as the solid rational basis, and make the process orderly so we can codify a code following many useful rules.With politics and economy integration trend sharpening which exist all the countries in the world, "the global village " formation not only has realized the whole world common development, but also leads to the whole global environment worsen at the same time. So that environmental legislation tends towards the assimilation and codification phenomenon are outstanding gradually to such an extent as current all the countries in the world. There is codification tradition about thousands years in China recording to environmental protection which is no lack of minority starting from the ancient times. The reform and openness in China develops vigorously in every aspects. The economic growth stepping, comprehensive national strength accelerating and every national unity uniting, these are provided for politics and economy new development of environmental law discipline in our country. The science of law research gets an environment development more, fundamental system frame of the law of environment formats. Codification which has provided real possibility in our country comes true.The third part discusses Chinese environmental law codification legislation idea. By expounding what are transplanted law and the localization to law, transplanted law reflects a country gaining legal system sorption face to face and drawing lessons from other countries in the same time. When we choose laws which are suitable to our homeland national conditions, we should pay more attention to the same structure nature and compatibility between abroad and national law. At the same time, we also should pay attention to the systematicness of law and appropriate advance nature, and so on. That is to say, the law is going to realize its localization ultimately in the last analysis. Under direction of this theory, the thesis suggests a few ideas, we ought to adopt "frame style , dividing new stage legislation " pattern in codification being brought forward, realize the union between codification and judicial precedent combining with national conditions , have certain blank space left and make periodical modification of legislation,specifically for inherent defects of the code.And the main body of a book is a tightly once basic concept about codification, we expound the basis and prove the Chinese environmental law by many methods summing up deduction such as parallel analysis , philosophy analysis and historical analysis following codification existence, and suggest codification legislation idea of the law of environment combining with Chinese country's specific national conditions ultimately.