Research On The Codification Methodology Of China's Environmental Law

The current situation of the rule of law of environment and resources in China cannot meet the requirements of the construction of ecological civilization and the modernization of environmental governance system in the new era,so it is urgent to promote the compilation of environmental code.At present,the codification of environmental law should go beyond the simple debate of "whether to codify",and promote a more in-depth discussion on "how to codify".The scientific legislation(codification)methodology is the key to establish a good environmental code,which helps to solve the problem of "how to codify" from the dimension of method theory.Previous studies focused more on the ecological methodology of environmental law and the specialization and specialization of environmental justice,answering the questions of "how to know the right law" and "how to get the right decision",while the research on environmental legislation methodology rarely paid attention to.It is found that the legislative methodology focuses on the problem of "how to obtain the legitimate law",which includes two sub-problems: "how to obtain the value consensus embodied in the law" and "how to transform the value presupposition into the legal form".The acquisition of the value consensus embodied in environmental law requires standardized value judgment,including the process and links of value identification,value evaluation and value selection,which can avoid the solidification and rigidity of the environmental code normative system caused by the separation of value and environmental social facts,and ensure the substantial rationality of the environmental code.Value preset into environment under the guidance of legal form can be in the form of rationality,from macro to micro level with the guidance of methodology is applied,the correct understanding environmental law in the structural design to follow the inherent logic of classification rules,from the overall level to systematic thinking style in the inner and outer environment code cohesion,On this basis,a structural design path is formed,which takes "moderation" mode as the goal and path,"general provisions + specific provisions" structure as the framework structure,and institutional function as the basis of the system construction of the environmental code.