On The Structural Coupling Of China’s Environmental Policy And Environmental Law

China’s environmental governance model has experienced three stages of development: "policy first"--"environmental rule of law"--"integralism and good environmental governance".Under the basic thinking of the rule of law,the "environmental rule of law" stage gradually established the multiple environmental protection legal system,but did not properly solve the problem of institutional inertia of "environmental policy ruling" in environmental governance practice,resulting in the ambiguous relationship between environmental policy and environmental law.Therefore,clarifying the functional relationship of multiple environmental governance tools and finding the path of mutual transfer of advantages are the preconditions for the future development of "integralism and good environmental governance".Environmental policy and environmental law are the two most important environmental governance tools in China at present.The interpretation of the structural coupling mode of the two is of great significance for clarifying the boundary of multiple governance tools for environmental protection in China at present,and promoting the mutual functional integration and transfer of advantages.The basic national conditions of "environmental policy first" and the path dependence of "environmental policy governing" make the problems highlighted in China’s environmental policy and environmental law in the practice of environmental governance more complicated than that of other countries,so it is not easy to seek a way out through legal transplant.The research perspective of the system approach is exactly consistent with the issue of the analysis of the relationship between environmental policy and environmental law in the Chinese context.System compared to other empirical science,such as structuralism research paradigm,the biggest advantage is to seek explanation for social phenomenon have perspective is dynamic path and it suits the characteristics of China’s political system and legal system and environmental management object(environment)the characteristics of dynamic balance for environmental governance mode to realize systematic and holistic development provides effective theory for reference,so as to achieve the goal of good governance environment.The empirical and structural perspective is difficult to break through the existing perspective boundaries,mainly because the paradigm itself is static.Therefore,in the level of environmental factor governance,the structural and static perspective can achieve the protection of environmental factors,but it is difficult to grasp the overall function of the ecosystem.With system theory to explain the relation between environmental policy and law in the environmental governance practices,to some extent,can avoid the narrow perspective of legal positivism and localized thinking disadvantages of atomic theory method,thus achieved at the macro level,analyzed environmental policy and environmental law in the process of environmental governance crossing turbulence and mutual relations,explained in this path,on the basis of flexible switch research method and perspective to serve specific environmental governance problem.Because environmental policy and environmental law are embedded in the political system and the legal system respectively,and legitimacy is the premise of the effectiveness of all policy reforms,effective environmental policy must be structured in legal norms at the same time,but operate independently of the legal system.Under the interpretation approach of system theory,through the information communication between the systems and the self-observation within the system,environmental policy and environmental law can realize the possibility of constructing the benign coupling model in the system,structure and function level: the structural coupling model of "high cohesion and low coupling" between environmental policy and environmental law.