The Ecological Environment Code,as a significant legal instrument for the evolution of ecological civilization,possesses both substantive and formal dimensions.First,it aims to serve the national ecological civilizati...The Ecological Environment Code,as a significant legal instrument for the evolution of ecological civilization,possesses both substantive and formal dimensions.First,it aims to serve the national ecological civilization strategy.Second,it elucidates potential pathways for legal interpretation,development of legal rules,and promotion of judicial governance,restraining arbitrary behavior and disorder while facilitating systemic cohesion.The compilation of the Ecological Environment Code unfolds through the main threads of substantive and formal logic.By prioritizing conservation,protection,and restoring the natural environment,resource management,pollution prevention,and ecological protection are coordinated,integrating legislation on ecological protection with management of natural resources and pollution prevention to achieve both"harm avoidance"and"beneficial trends."Employing the formal logical main thread of the structure of the relationship between power and rights,we present four types of norms:ex post facto remedy,hazard prevention,risk prevention,and independent value selection.展开更多
When developing and integrating a new environmental legal system under the Environmental Code,the joint regulation of ecology and environment,natural resources and an energy beyond the sphere of mere environmental con...When developing and integrating a new environmental legal system under the Environmental Code,the joint regulation of ecology and environment,natural resources and an energy beyond the sphere of mere environmental concerns can be achieved;the semantic expression of environmental regulation can be expounded.Additionally,through the codification of environmental law,a revolutionary path for the structure of authority can be found.Environmental codification dictates a method for clarification of the boundaries and relations of environmental management authority.Under the theory of Holistic Governance and in the codification process,the reform of environmental regulation authority should be concluded from both vertical and horizontal dimensions,through organizing,integrating,separating,classifying and finally,by establishing a synergy between the central and local governments and their departments.This can break down structural barriers to communication and cooperation of the ecological regulation and resource management authority and help establish uniformity of environmental regulation.展开更多
文摘The Ecological Environment Code,as a significant legal instrument for the evolution of ecological civilization,possesses both substantive and formal dimensions.First,it aims to serve the national ecological civilization strategy.Second,it elucidates potential pathways for legal interpretation,development of legal rules,and promotion of judicial governance,restraining arbitrary behavior and disorder while facilitating systemic cohesion.The compilation of the Ecological Environment Code unfolds through the main threads of substantive and formal logic.By prioritizing conservation,protection,and restoring the natural environment,resource management,pollution prevention,and ecological protection are coordinated,integrating legislation on ecological protection with management of natural resources and pollution prevention to achieve both"harm avoidance"and"beneficial trends."Employing the formal logical main thread of the structure of the relationship between power and rights,we present four types of norms:ex post facto remedy,hazard prevention,risk prevention,and independent value selection.
文摘When developing and integrating a new environmental legal system under the Environmental Code,the joint regulation of ecology and environment,natural resources and an energy beyond the sphere of mere environmental concerns can be achieved;the semantic expression of environmental regulation can be expounded.Additionally,through the codification of environmental law,a revolutionary path for the structure of authority can be found.Environmental codification dictates a method for clarification of the boundaries and relations of environmental management authority.Under the theory of Holistic Governance and in the codification process,the reform of environmental regulation authority should be concluded from both vertical and horizontal dimensions,through organizing,integrating,separating,classifying and finally,by establishing a synergy between the central and local governments and their departments.This can break down structural barriers to communication and cooperation of the ecological regulation and resource management authority and help establish uniformity of environmental regulation.
