论环境法典的宪法基础

On the Constitutional Basis of Environmental Code

环境法典的规范基础应当在宪法上予以深刻阐释。我国自2018年以来形成了生态文明引领下的独特的环境宪法体系,实现了环境立宪主义由薄到厚的转变。生态文明需要环境法典作为制度保障,环境法典编纂必须适应生态文明建设的需求。生态文明体系内含着环境权的保障,环境法典既须对实体性环境权予以一般性宣告,也应完整塑造充分的公众参与机制来实现程序性环境权。环境法典编纂的主要任务是构建体系化的国家环保职责,从而塑造有效的环境治理体系。国家环保职责的法典化建构应当为合宪性解释与宪法审查预留空间,从而通过宪法调适实现不断发展。

The normative basis of environmental code should be deeply explained in constitutional law. Since 2018, China has formed a unique environmental constitutional system under the guidance of ecological civilization, realizing the transformation of environmental constitutionalism from thinness to thickness. Ecological civilization needs environmental code as a system guarantee, and the compilation of environmental code must meet the needs of development of ecological civilization. The system of ecological civilization contains the guarantee of environmental rights. The environmental code should not only make a general declaration of substantive environmental rights, but also shape an ample public participation mechanism to realize procedural environmental rights. The main task of environmental code compilation is to build a systematic national environmental responsibility, so as to shape an effective environmental governance system. The codification of national environmental protection responsibilities should reserve space for constitutional interpretation and constitutional review, so as to achieve continuous development through constitutional adjustment.