Research On The Institutional System Of Environmental Code From The Perspective Of Functional Typolog

At the present,China has entered into a new chapter of development and the current tide of The Times.Under the requirements of development in the new era,new expectations have been put forward for China’s ecological civilization construction and new mode of environmental governance.How to practice the requirements of the new era of sustainable development by compiling a mature environmental code is an important topic at present.After more than 40 years of theoretical research and development of China’s environmental law,the number of environmental legislation is increasing and the number of amendments to environmental law is also very frequent,thus exposing many problems.The top-down system of environmental legislation is not clear,resulting in the integrity of environmental legislation is not strong,integration is not high;In addition,our environmental problems are very serious,and the legal contents related to environmental law,such as environmental protection,pollution prevention and control,are embedded with each other,and miscellaneous situation appears.Under the trend of environmental law showing "the sole interest of departments",the authority of law is affected,thus making the situation of environmental legislation fragmented.Therefore,on the basis of the above,the author thinks about the pattern of China’s environmental law legislation system,examines and evaluates the actual composition of China’s environmental legislation system,in order to find out the structural realistic difficulties and problems in the process of the systematization of China’s environmental legislation system.It is urgent for environmental law to further systemize environmental system.The discussion on the trend of environmental code has been promoted from the necessity to the feasibility,trying to compile a mature environmental code,and the premise of the final environmental code is to study and analyze the system of environmental law,specifically: Firstly,the construction process of our environmental law system is traced to the source from four periods and the current status of our environmental law system is analyzed and discussed in order to have a holistic understanding of our environmental law system.Secondly,since the compilation of environmental code is still in the preparatory stage,several typical European countries have taken the lead in formulating their own environmental codes,thus selecting three typical countries,referring to their content and style structure,and summing up the characteristics of their respective environmental codes,thus providing some experience and enlightenment for the study of our environmental code system.Thirdly,the typed thinking mode plays a filling and complementary role to the traditional conceptual thinking,and its characteristics of openness,inclusiveness and dynamics are beneficial to the construction of the institutional system of environmental code from the perspective of methodology.Fourthly,from two dimensions of theory and practice,it examines whether the current environmental law system theory and type research can provide theoretical support for the construction of environmental law system system,and examines the distance and dilemma between the existing environmental law system practice and environmental code.Fifth,using the function-oriented methodology,the author tries to formulate an environmental law system configuration scheme that meets the requirements of the current legal system,and finally achieves the legislative purpose and needs of the systematization of the environmental code form.