环境法法典化的内在逻辑基础

The Inherent Logical Foundation of the Codification of Environmental Law

与欧洲民法法典化进程相比,以瑞典、法国和德国为代表的欧洲环境法法典化进程略显仓促。站在观察者的视角,我们发现其原因在于未能将民法法典化进程中所形成的逻辑基础、结构原则和应变能力贯穿于欧洲环境法典化的始终;而站在参与者的视角,我们同样发现我国的主要环境立法,也存在着逻辑主线不清、法典化思路与设想呈现碎片化等问题。据此,我国的环境法典应以生态整体主义理念和热力学第二定律作为内在逻辑基础,以体现其鲜明的时代印记与对自然秩序的应有尊重。

Compared with the European civil law codification process, the codification process of European environmental law represented by Sweden, France and Germany is slightly rushed and ordinary.From observer's point of view, the reason has been found that the logical foundation, structural principles and strain capacity formed in the process of codification of civil law have not been carried out throughout the European environmental codification.From the perspective of participants, we also find that China's main environmental legislation has problems, such as unclear logical main lines, and fragmented codification ideas and design.Based on this, this paper proposes that China's environmental code should take the concept of ecological holism and the second law of thermodynamics as the foundation of inherent logic to reflect its distinctive imprint of the times and due respect for the natural order.