The Path Choice Of The Codification Of Chinese Environmental Law

Codification is the highest mode that traditional civil law countries choose to systematically update a certain department's law,and the code law is also the ultimate pursuit of a legal department.As a new legal department,environmental law has developed rapidly in recent years.However,due to different legislative concepts and different legislative methods at different stages of our country,environmental legislation has become fragmented,which has seriously affected the application of environmental laws.Therefore,in recent years,environmental law scholars have become more and more calling for speeding up the process of codification of environmental laws.At the Fifth Session of the Twelfth National People's Congress,environmental law scholars proposed a motion to compile an environmental code.In the motion,scholars analyzed the necessity and feasibility of compiling an environmental code in our country,proposed the path selection and style design of "appropriate codification" and"general and sub-rules".At the Fourth Session of the 13th National People's Congress,representatives of the environmental law community once again proposed that the codification of environmental laws should be carried out as soon as possible.The frequent voices of scholars indicate that our country is ready to compile environmental laws.This text is divided into five chapters.The first chapter mainly introduces the research background,research purpose and significance of the thesis and the current research status at home and abroad.Our country has accelerated the process of compiling the environmental code is the latest research background of this article.The codification of environmental law has great theoretical and practical significance.While improving the environmental legal system,it can also promote the construction of environmental law in my country.The second chapter explains the concept and characteristics of the environmental law codification,and briefly introduces the significance of the environmental law codification in our country.Significance includes meeting the requirements of the socialist rule of law,realizing the internal unification of environmental law,and improving the applicability of environmental law.Chapter three analyzes the necessity and feasibility of the codification of Chinese environmental law,and draws the conclusion that "Chinese environmental legal system has defects in content and structure and should be improved by the codification of environmental law".Chapter four introduces the process of codification of foreign environmental laws in detail,and extracts four lessons for Chinese environmental jurists to learn from.First is paying attention to the integration of international development concepts and domestic development strategies,second is forming a comprehensive environmental legal system,third is paying attention to breaking down sectoral barriers when codifying codes and avoid substantive codification.The last chapter designs the style design,model positioning,and basic goals of the codification of Chinese environmental law.It is believed that our country needs to choose a path of moderate codification,achieve the coexistence of separate law and coded law,and keep open and dynamic at all times.Combined model.