Study On Codification Of Environmental Law In China

Environmental law is an emerging legal department in the legal system.It has formed a relatively perfect system after nearly 40 years of development.Environmental law is guided by various environmental problems.After experiencing the "carnival" development,it has emerged the problem of "segmentation of blocks,constraints from left and right,and disconnection from top to bottom".It has fallen into the mud of more and more environmental laws and regulations and more and more serious environmental problems,which runs contrary to the road of ecological civilization construction in the new era in China.Codification is the ultimate goal and ideal mode for countries with written law system to realize the harmony and unification of each major department of law.Codification of environmental law has become the development trend of environmental law in the countries of written law system in the 21 st century.When discussing the conditions of codification of the environmental law in China,this paper mainly discusses the problems existing in China's environmental law system and the advantages of codification of China's environmental law from the perspectives of necessity and feasibility.The independent status of environmental law needs to be codified,and the internal incompatibility of environmental law system,non-corresponding of the integrity of ecological system and environmental protection system,make it necessary to codify environmental law in China.The legalization tradition provides the experience and technology accumulation for the legalization of environmental law,the framework of environmental law system lays the foundation for the legalization,the construction of ecological civilization calls for the legalization of environmental law and international environmental law,and demonstrates the legalization of environmental law in China from the perspective of feasibility.On the basis of investigating and drawing lessons from the experience of codification of foreign environmental law,this paper summarizes the beneficial enlightenment to the codification of environmental law in China.And on this basis,combined with China's national conditions,this paper put forward a gradual and periodic environmental law codification path.This paper attempt to build China's environmental code general provisions from the direction of reforming environment protection law.The ecological value and economic value of environmental factors are protected as a whole in specific provisions.