Inquiry About The Conditions Of Chinese Environmental Laws’ Codification From The Perspective Of Typical Codes

As the rapid development in the domain of Chinese environmentallegislation, there has been a multitude of environmental laws in China.However, a series of conflicts arise between these laws. Consequently,Chinese environmental laws should be systematized if we want toovercome above problems. To be honest, other countries are also facingthese problems, but some such as Sweden, France and Germany aretrying to resolve such problem by mean of codification, so that theirenvironmental laws are prone to be integrated. And in fact they havemade their own environmental codes. In the light of these movements,some scholars and officers realized that we should follow thosedeveloped countries and attempt to make an environmental code. After all,these countries have more experience in protecting environment, solearning from them is a wise behavior.However, we have to resolve a critical problem before theenvironmental code is made, namely, whether China has ability to makean environmental code? For the moment, we can not find a reasonableanswer, because to some extent a so-called answer is usually subjectiverather than objective. Some scholars used to summarizing their answerswith the attitude of subjectivity. As we all know, if we really want toknow the conditions of Chinese environmental laws’ codification, arelative objective standard must be found, which is also what this article’saim. In order to answer this question, this article will be based on thecodification background of typical codes. Although I can not inquire eachand every one of codes, I try my best to make some breakthroughs. In thisarticle, I break boundaries of different law systems, social systems,different codes so that those conditions can be concluded objectively. Atlast, five conditions that the codification needs are generalized, whichinclude the premise condition, the requirement condition, the basiccondition, the culture condition, and the technical condition. To bespecific, what they are is as follows:Firstly, the premise condition is that the legislative powers in relatedarea are unified.Secondly, the requirement condition is that one country needs a typicalcode.Thirdly, the basic condition is that there are a lot of related laws in onedepartment of law.Fourthly, the culture condition is that one country should have thetradition of codification or accept the culture of codification.Fifthly, the technical condition is that the technology of codificationtends to be mature.When these conditions have been summarized, they will be put into thecontext of China’s present environmental legislation to check theconditions of environmental laws’ codification. After contrasting, we cansee that the conditions of environmental laws’ codification in China arenot fully satisfied. There is still a condition, the fifthly one, which can notbe met. As a result, we have to admit that in China we can not make aenvironmental code successfully.In the end, this article puts forward a solution after the development oftypical codes in history has been presented, namely, since the conditionsof environmental laws’ codification in China are still immature, we must think about it carefully. Considering the reality of environmentallegislation in China, the proper way is that compile the environmentallaws so that these laws tend to have a systematic feature. At the sametime, we should adopt the methodology of annotation of law, in order tostrength the research of the concept of environmental law, principles,systems, and so on, in order to make sure that internal logic is fluent andthe environmental code will be made eventually.