环境法法典化的困境及破解

On the Predicament to Codification of Laws on Environment and the Solution

作为环境法律渊源的体系性整合且适用于所有人的环境法律体系化的最高表现形式、能有效应对环境法治所面对的困难处境的环境法典备受关注。环境法法典化对环境法律规范体系的价值融贯性、理性化以及安定性追求,与我国当下法律对环境问题所导致的社会关系调整的碎片化相契合,然环境法法典化仍存在着作为环境法学核心概念的环境权理论尚存争议;衍生于传统法律部门的环境法律规范边界模糊;环境特别立法对环境法法典化的解法典化冲击等现实困境。环境法法典化应在界定新时代环境权理论的基础上,明晰环境法律规范所调整的社会关系的范围,缓和解法典化对环境法法典化的冲击,以推进生态文明法治建设。

It has attracted attention as the highest form of systematic integration of environmental law sources and the highest form of systematization of environmental law applicable to all,and an environmental code that can effectively deal with the difficult situation faced by the environmental rule of law.The pursuit of value coherence,rationalization and stability of the environmental legal norm system by the codification of environmental laws is in line with the fragmentation of the social relationship adjustment caused by the current laws in my country on environmental issues.However,the codification of environmental laws still has some the theory of environmental rights,which is the core concept of environmental law,is still controversial;the boundary of environmental legal norms derived from traditional legal departments is blurred;the impact of environmental special legislation on the codification of environmental laws is difficult.The codification of environmental law should be based on defining the theory of environmental rights in the new era,clarify the scope of social relations regulated by environmental legal norms,ease the impact of codification on the codification of environmental laws,and promote the construction of ecological civilization and the rule of law.