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Constructing Common Regulations of General Part of China's Environmental Code from the Perspective of Legal Order
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作者 DING Lin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第2期194-219,共26页
Order comes first in legal values,while laws should maintain the consistency and stability of order.The proposed China's environmental code(Code)shall restate the prevailing environmental legal norms and optimize ... Order comes first in legal values,while laws should maintain the consistency and stability of order.The proposed China's environmental code(Code)shall restate the prevailing environmental legal norms and optimize the prevailing environmental legal order.From the perspective of stabilizing the legal order,common regulations of General Part of the Code should connect with the constitution and the prevailing environmental laws,determine the legal values of the Code-governing environment,and provide the foundation and basic framework for each subsequent part of the Code.Therefore,common regulations of the Code should recognize and support the constitution order and bolster the emerging eco-environment legal order relating to the eco-civilization construction.They should be coherent,value-orientated,and independent,inheriting the general framework of the prevailing Environmental Protection Law of the People's Republic of China(PRC)and other specific environmental laws,and developing the applicable norms.Specifically,consistently with the legislative purposes,the Code common regulations should recognize the objectives of construction of eco-civilization and pursuit of social,economic and ecological sustainable development,and this pursuit should be carried out based on the basic principles;the application scope of"ecological environment"should be redefined in order to maintain the ecological value and overall ecological order;the clause on basic environmental obligations and the clause on citizens'environmental rights should be defined with the national environmental protection obligations as the main thread and the multi-player legal relationship as the framework;and the national environmental protection obligations should be preliminarily delivered with three clauses:national environmental protection financial support,environmental publicity and education,and global environmental governance. 展开更多
关键词 environmental code common regulations legal order sustainable developmenet
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Innovations in Constructing the Framework of China's Environmental Code——Referencing the Framework of China's Civil Code
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作者 WANG Jin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第2期167-193,共27页
The success in compiling China's Civil Code benefits from factors such as China's complete system of civil law statutes,the methodology of the Pandekten System,and the private-law attributes of civil laws,etc.... The success in compiling China's Civil Code benefits from factors such as China's complete system of civil law statutes,the methodology of the Pandekten System,and the private-law attributes of civil laws,etc.To construct the framework of China's environmental code,it is necessary to reference that success for theoretical and structural innovations.In addition,the fundamental features and inherent issues of China's existing environmental law system,such as its breadth,the extensiveness of origins of environmental law,the multiple implication of environmental legal relations,and the compound nature of the environmental legal liability system,should be taken into account.The layout structure of"General-Specifics"should be adopted for compiling China's environmental code,while moderate codification and extraction of the common factor(vor die Klammer zu ziehen)for connection with applicable rules of specific laws should serve as construction principles and methods for compiling the framework of China's environmental code.The environmental code should have five parts:"General";"Pollution Prevention and Control";"Nature Conservation";"Green and Low-Carbon Development";and"Ecological and Environmental Responsibility." 展开更多
关键词 environmental code framework "General-Specifics"structure pollution prevention and control nature conservation green and low-carbon development construction and innovation
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Considerations on Compiling the Part on Nature and Ecology Protection of China's Environmental Code
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作者 GONG Gu 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第2期241-266,共26页
The legal protection of nature has progressed from a separated to integrated protection of resources and environment.Looking at nature from a dialectical and unified perspective,sustainable development requires such i... The legal protection of nature has progressed from a separated to integrated protection of resources and environment.Looking at nature from a dialectical and unified perspective,sustainable development requires such integrated protection of the ecosystem for public sharing of natural wealth,convergence of governance of environment and resources,and promotion of ecosystem-based integrated management of environment and resources.China's Nature and Ecology Protection Law is gradually moving towards comprehensive governance for protection of the overall ecosystem.We must work harder to make such a comprehensive governance possible.Thus,China's environmental code(Code)must be moderately developed,including choosing the right title,the scope of work,the objectives and the compiling mode,and establishing a multi-level and diverse integrated system,and addressing five major relationships. 展开更多
关键词 sustainable development ecological basis China's environmental code "Nature and Ecology Protection Part"
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Part on Ecological and Environmental Responsibility of China's Environmental Code: Comparative Law Referencing and Compilation Philosophy
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作者 ZHU Xiao 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第2期288-308,共21页
This paper discusses two questions:Is a specific part on ecological and environmental responsibility a common practice and trend in foreign environmental codes?How are its compiling principles and scope of work determ... This paper discusses two questions:Is a specific part on ecological and environmental responsibility a common practice and trend in foreign environmental codes?How are its compiling principles and scope of work determined,and would administrative legal responsibility be arranged elsewhere than in this part? 展开更多
关键词 China's environmental code ecological and environmental responsibility mode
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Part on Green and Low-Carbon Development of China's Environmental Code System Response and Institution Implementation in Sustainable Development
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作者 ZHANG Zhongmin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第2期267-287,共21页
The sustainable development integrity,national development goals,and legislative status quo have determined that the"Green and Low-Carbon Development Part"must be designed and incorporated into the China'... The sustainable development integrity,national development goals,and legislative status quo have determined that the"Green and Low-Carbon Development Part"must be designed and incorporated into the China's Environmental Code(Code).The theoretical evolution in the action field,system composition,value function,and operation mechanism of the Environmental Law,as well as the practice development of the Environmental Protection Law legislation,enforcement,and judicial practices have laid a solid theoretical and practical foundation for the incorporation of green and lowcarbon development into the Code.The institutional layout of green and low-carbon development should respect and highlight its own traits.Furthermore,it is important to stress communication and coordination with other parts of the Code,follow the laws of energy development and utilization,and satisfy the inherent requirements of raw material reduction,reuse,and recycle.The layout method should abide by the general principle of"general first,specific second;domestic first,international second;defined first,undefined second"with"decomposition goals of carbon peaking and carbon neutrality"as an exception.The layout effect of the"flexibility first,rigidity second"is pursued.The chapters of General Provisions,Cleaner Production Green Circulation,Green Consumption,Support and Supervision,and International Cooperation,and Climate Change Response,are specifically designed.Efforts are made to improve new systems,such as strategies and standards for green and low-carbon development,green logistics,energy performance contracting,green finance,carbon emissions trading,and energy early warning. 展开更多
关键词 "Green and Low-Carbon Development Part" the environmental code sustainable development
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The Authority Structure of Environmental Regulation under the Codification of Environmental Law 被引量:1
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作者 Chen Demin Zhou Xian 《学术界》 CSSCI 北大核心 2020年第11期193-202,共10页
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
关键词 COORDINATION UNIFORMITY Holistic Governance environmental code authority structure
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The Idea of“Codification”of Human Rights to Environment
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作者 吕忠梅 张宝 SHEN Jinjun 《The Journal of Human Rights》 2022年第2期307-326,共20页
As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a... As China has embarked on a new journey to comprehensively build a modern socialist country and marches toward the Second Centenary Goal,improving the protection of human rights in environmental protection has become a key task to meet people's growing demand for a better life.The international community has reached a consensus on the human rights attribute of environmental rights,and China has also recognized it in its National Human Rights Action Plan of China(2021-2025).Early claims for environmental human rights gave birth to modern environmental law at the international level,while the global consensus on sustainable development promoted the new development of environmental human rights.In China,the construction of a"beautiful China"has become the national goal confirmed by the Constitution.The confirmation of environmental rights in the planned environmental code can further clarify the connotation of the value system of the code and help clarify the institutional structure and attribution logic of the code.Based on the subjective right and objective value of environmental rights,the specific scheme for the"codification"of environment rights is to construct the system from three levels of ontological provision,guarantee provision and reliefprovision. 展开更多
关键词 environmental human rights compilation of China's environmental code national obligation of protecting human rights construction of the system of environmental rights
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Salinity intrusion characteristics analysis using EFDC model in the downstream of Geum River 被引量:22
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作者 Sangman Jeong Kyusung Yeon +1 位作者 Youngteck Hur Kukryul Oh 《Journal of Environmental Sciences》 SCIE EI CAS CSCD 2010年第6期934-939,共6页
As social interest in the environmental conservation and ecological restoration has recently increased, more research works have been done to resolve problems concerning environmental management of estuaries. In this ... As social interest in the environmental conservation and ecological restoration has recently increased, more research works have been done to resolve problems concerning environmental management of estuaries. In this study, a three-dimensional numerical model, Environmental Fluid Dynamics Code (EFDC) was used in the analysis of the salinity intrusion characteristics in the downstream of Geum River. The numerical simulation was performed to investigate the influence range for salinity intrusion when the gates were fully opened. The conditions used for simulation were the four flow regimes in Geum River Basin, Korea. Results indicated that the ranges of salinity intrusion from the barrage were 50.72 km (drought flow), 48.87 km (low flow), 46.56 km (normal flow) and 42.10 km (flood flow). These results indicated that the EFDC model used for numerical simulation has high accuracy. The result concluded in this study can be used as a basis in understanding the extent of salinity intrusion effects at different flow rates. 展开更多
关键词 environmental Fluid Dynamics code salinity intrusion BARRAGE
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Integration of USEPA WASP model in a GIS platform 被引量:10
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作者 Sen PENG George Yu-zhu FU Xin-hua ZHAO 《Journal of Zhejiang University-Science A(Applied Physics & Engineering)》 SCIE EI CAS CSCD 2010年第12期1015-1024,共10页
The integration of water quality analysis simulation program (WASP) with a geographical information system (GIS) is presented.This integration was undertaken to enhance the data analysis and management ability of the ... The integration of water quality analysis simulation program (WASP) with a geographical information system (GIS) is presented.This integration was undertaken to enhance the data analysis and management ability of the widely used water quality model.Different types of data involved in WASP modeling were converted and integrated into GIS using a database method.The spatial data modeling and analysis capability of GIS were used in the operation of the model.The WASP water quality model was coupled with the environmental fluid dynamics code (EFDC) hydrodynamic model.A case study of the Lower Charles River Basin (Massachusetts,USA) water quality model system was conducted to demonstrate the integration process.The results showed that high efficiency of the data process and powerful function of data analysis could be achieved in the integrated model,which would significantly improve the application of WASP model in water quality management. 展开更多
关键词 Water quality analysis simulation program (WASP) Geographical information system (GIS) INTEGRATION environmental fluid dynamics code (EFDC) Water quality model
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Numerical simulation of stratified turbulent two-phase flow in aquatic environment
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作者 Shen, Yong-Ming Wang, Ya-Ling Liang, Chuan 《Journal of Environmental Sciences》 SCIE EI CAS CSCD 2000年第2期24-28,共5页
The two fluid model of stratified turbulent two phase flow in aquatic environment is developed in this paper. The motion of each phase is described by a unified multi fluid model in an Eulerian coordinate system. T... The two fluid model of stratified turbulent two phase flow in aquatic environment is developed in this paper. The motion of each phase is described by a unified multi fluid model in an Eulerian coordinate system. The laws of turbulent transportation for each phase, and the restriction of each other between the two phases are completely simulated. The complex two phase turbulence with strong buoyancy effects is selected to examine numerically. The extensive experimental data obtained in stratified flow are used here. Comparison of the results of numerical simulation with the experimental data is conducted. It has shown that the results of numerical simulation are satisfactory. 展开更多
关键词 stratified flow two phase turbulence two fluid model aquatic environment CLC number: X131 2 Document code: A
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The Binary Logic of the Compilation of the Ecological Environment Code and Its Unfolding
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作者 Dou Xiaodong 《Social Sciences in China》 2024年第3期76-94,共19页
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
关键词 compilation of the Ecological Environment code binary logic main thread of formal logic main thread of substantive logic
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Modeling of sediment and heavy metal transport in Taihu Lake, China 被引量:4
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作者 王超 申超 +3 位作者 王沛芳 钱进 侯俊 刘佳佳 《Journal of Hydrodynamics》 SCIE EI CSCD 2013年第3期379-387,共9页
With the current rapid economic growth, heavy metal pollution has become one of the key issues in the Taihu Lake. Although heavy metal pollution levels and distributions of the Taihu Lake have previously been describe... With the current rapid economic growth, heavy metal pollution has become one of the key issues in the Taihu Lake. Although heavy metal pollution levels and distributions of the Taihu Lake have previously been described, an effective model to describe the transport process of heavy metals between the water column and sediment bed for this lake is not available. It is known that heavy metals in the water column can be related to the resuspension of sediment in the lake bed. In this study, we set up a cou- pled model of relating hydrodynamics, sediment and heavy metals based on Environmental Fluid Dynamics Code (EFDC), and app- lied it to Taihu Lake, China. For calibration and validation of the model, we employed two series of field sampling data taken all over Taihu Lake during April and July of 2009. The results show that the hydrodynamics simulations of the coupled model agree with the observations reasonably well and the sediment and heavy metal model shows similar variation trends during the simulation. Our results indicate that the model can be used for simulating the sediment and heavy metal transport process in the Taihu Lake and here we provide an effective tool for water quality management at small time scales. 展开更多
关键词 SEDIMENT heavy metal environmental Fluid Dynamics code (EFDC) Taihu Lake
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An approach to calculating allowable watershed pollutant loads 被引量:3
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作者 Yu GUO Haifeng JIA 《Frontiers of Environmental Science & Engineering》 SCIE EI CAS CSCD 2012年第5期658-671,共14页
To improve the management of discharge pollutants loads in the reservoirs' watershed, an approach of the allowable pollutants loads calculation and its allocation, based on the water environment model, was proposed. ... To improve the management of discharge pollutants loads in the reservoirs' watershed, an approach of the allowable pollutants loads calculation and its allocation, based on the water environment model, was proposed. Establishment of the approach framework was described at first. Under the guidance of this framework, two major steps were as follows: modeling and scenario analysis were involved and should be applied to support the decision of discharge loads management; Environ- mental Fluid Dynamic Code (EFDC) model was selected as the kernel model in this framework. In modeling step, spatial discretization for establishing cell map in model, data preprocessing, parameter calibration and uncertainty analysis (which is considered as the significantly relevant factor of the margin of safety (MOS)), were conducted. As a result of the research, the model-based approach presented as a combination of estimation and precise calculation, which contributed to scenario analysis step. Some integrated modules, such as scenario simulation, result analysis and plan optimization were implemented as cycles in the scenario analysis. Finally, allowable pollutant loads under various conditions were calculated. The Chaihe Reservoir in Liaoning Province, China was used as a case study for an application of the approach described above. Results of the Chaihe reservoir water quality simulation, show good agreement with field data and demonstrated that the approach used in the present study provide an efficient and appropriate methodology for pollutant load allocation. 展开更多
关键词 Source water protection watershed manage-ment pollutants load allocation environmental FluidDynamic code (EFDC) modeling margin of safety statistical analysis
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Parametric array differential Pattern time delay shift coding underwater acoustic communication in the under-ice environment 被引量:1
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作者 YIN Jingwei ZHANG Xiao +2 位作者 ZHU Guangping TANG Shengyu SUN Hui 《Chinese Journal of Acoustics》 CSCD 2016年第4期431-439,共9页
In order to meet the demands of underwater acoustic communication in under ice environment,a differential Pattern time delay shift coding underwater acoustic communication method based on parametric array is introduce... In order to meet the demands of underwater acoustic communication in under ice environment,a differential Pattern time delay shift coding underwater acoustic communication method based on parametric array is introduced in this paper.The under ice underwater acoustic channel is characterized by heavy multipath transmission.Under this model,a parametric array emission method of Pattern signal is derived and the system performance is analyzed.A broadband low frequency sound waves with narrow beam-pattern,which will reduce the interface reflections and suppress the effects of multipath transmission,can be obtained by the emission method.The Songhua River under ice trial results show that there is an anti-multipath property and a higher data rate in the under-ice acoustic channel in proposed approach. 展开更多
关键词 TIME LFM Parametric array differential Pattern time delay shift coding underwater acoustic communication in the under-ice environment
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