Research On Legislation Model Of Environmental Code

The code is the highest form of statutory law.The environmental code legislative model,as one of the most important environmental protection legislative models,is a necessary method to resolve institutional confusion in the field of environmental law and achieve efficient uniformity.The wave of codification of continental European environmental law that began at the end of the last century has gradually spread to other countries and regions.Because of various legal sources and social conditions,the choices of environmental code models among different countries differ.Observing the codification of various countries,there are mainly three environmental code models around the world: substantive code models represented by Germany and Estonia;formal code models represented by France and Italy;moderate code models represented by Sweden.According to the comparative study of different code models,we can see that each model has its own advantages and disadvantages,and there is no better or worse.The substantive code pursues the certainty and systematicness of the law;the formal code focuses on the effective integration and deciphering of the fragmentation of the law;the moderate code brings a reasonable target positioning and the core of substantive codification.The road of codification is not fixed or unified,since the exact concept of codification has not formed by history.The environmental codes of France and Italy are innovative in some way.The codification of Germany has tried to crack the inherent rigidity of traditional codes.Sweden,which is sparsely populated,has taken the "third way" of codification based on its own reality.Being adapted to the national conditions and better performing the functions of the law are the only criterion for a successful environmental code.China has not only a long-standing culture of code compilation,but also more than 40 years of environmental legal practice exploration,driving by the urgent need for the coordination and unification of environmental and resource legislation under the background of legal construction of national ecological civilization strategy,China is in haste to compile its own environmental code.Combining local resources and actual needs,China can choose a progressive environmental code model with moderate scale and system after fully absorbing the extraterritorial experience of codification.Following the framework structure of “General Provisions-Sub-Provisions”,appropriate legal arrangements will be made for special environmental regulations,the sub-rules will be divided into chapters based on the adjustment field of the environmental law to coexist with,even complement the remaining the environmental separate laws,and meanwhile,effectively connected to other relevant department laws.