论环境法的沟通与协调机制——以现代环境治理体系为视角

On the Communication and Coordination Mechanism of Environmental Law: From the perspective of modern environmental governance system

中共十九届四中全会决定对"坚持和完善生态文明制度体系,促进人与自然和谐共生"进行了整体部署,中央全面深化改革委员会制定的指导意见明确了构建现代环境治理体系的任务书、时间表和路线图,对生态文明时代如何处理环境法与传统法律的关系以及如何处理环境保护单行法之间的关系提出了新课题。当前存在的生态文明的丰富内涵与法律部门分立存在反差、现代环境治理体系的空间结构需求与法律缺乏空间规则之间形成失衡、环境治理的主体责任体系与法律之间缺乏整合出现断裂等问题,本质上是因缺乏生态文明的价值统领而出现的传统法律与环境法之间、环境保护法律手段之间的矛盾与冲突。需要重新认识传统法律与环境法之间以及各环境保护单行法之间的关系,通过建立沟通与协调机制,从法理学方法论上加以解决。

The Fourth Plenary Session of the 19 th CPC Central Committee’s decision has made an overall deployment of "adhering to and perfecting the ecological civilization system and promoting the harmonious coexistence of man and nature", the guidelines formulated by the Central Committee for Comprehensive and Deepening Reform have clearly defined the task,timetable and roadmap of building a modern environmental governance system, which put forward new topics on how to deal with the relationship between environmental law and traditional law and how to deal with the relationship between environmental protection single laws in the era of ecological civilization. Existing problems such as the contrast between rich connotation of the existing ecological civilization and the separation of legal departments, the imbalance between the spatial structure requirements of modern environmental governance systems and the lack of legal space rules,as well as the fragment between the main responsibility system of environmental governance and the law, could be attributed to the contradiction and conflict between traditional law and environmental law because of the lack of the value control of ecological civilization. It is necessary to re-understand the relationship between traditional law and environmental law, as well as the separate environmental protection laws, and solve them from the perspective of jurisprudence through the establishment of communication and coordination mechanisms.