Non - Codification Of Environmental Law In China

Since the late 1970s, environmental law has been one of the fastest growing legal departments in our country, gradually established a fairly completed legal system. However, there still exist many problems. France, Sweden and other countries resolve these problems through the implementation of the Code of environmental law. The differences between national conditions decide we now can only resolve this problem through improving the legal system of non-codification.From the ideological trend of the non-codification of law, on the base of comparing the non-codification of law with the anti-codification of law and the solution codification of law, this article defines the content of the non-codification of law, analyses the inevitability of the non-codification of the Chinese environment law with the method of real diagnosis, historical and the comparative analysis, proposes the system construction of the patterns of the non-codification of the Chinese environment law in the research of our country law world about the environment law legislation pattern. This is a basic theme throughout the text.First, From the ideological trend of the non-codification of law, this article gives a brief description of the basic ideas Germany, Japan, Britain and the United States, drew out and make clear the definition of the non- codification of law from the definition of the connotation and its superiority and insufficiency of codification of law and in compare the anti-codification of law and the solution codification of law with the non-codification of law. In this foundation, this article has made the further discussion to the theoretical foundation of the ideological trend of non- codification of law, and established the theoretical foundation of the deconstruction and the historical law school.Next, the article has made the analysis from five aspects to the inevitability of the non-codification of the environment law. This article believes that, the theoretical foundation of our country environment law has experienced the economy first, the environment first, but at present still occupies the fermentation determination stage of the transition period, the sustainable development foundation has not been established; The environment power research gradually develops but the environment laws and regulations has not made provisions, the citizen environment power does not have safeguard from law; The environment law adjusted extensive object, and its non-determinism and the ductility, and the differences between each object all has caused the conditional lack of codification of the environment. From the environmental legal structure, the article believes that, our country environment legislation level is lower, the department rules and regulations, the local laws and regulations occupy the overwhelming majority; the fundamental law and the multitudinous urgent single item law occupies the disatema condition. The environmental factor legislation in the very great degree has separated the environment integrity, neglected interrelationship between the various environmental factors, caused various conflict and the contradiction between single items even difficulty of application. All this denied the basic conditions for the existence of environmental law code. Our country adopts the combined system in environment supervising and managing, which creates the confusion in the law enforcement system, the legal value cannot obtain full manifesting. The development of our country environment law is rapid, but the urgent project has not yet received sufficient attention, there are legislative gaps; this denied the actual condition of codification existence. Finally, this article has analyzed the condition, the background as well as the deficiency of the French environmental code, believed the French environment law is not the code which this article defines, our environment law does not meet the codification requirement, the non- codification development pattern has the inevitability.Finally, this article proposes the conception of the Chinese environment law non- codification pattern. This article analyzed both the frame pattern and the fundamental law - single line law pattern, analyzed characteristics and suitable environments of two kinds of patterns, drew the conclusion that the Chinese environment law should adopt the fundamental law - single line law pattern. This article analyzes the development tendency of environmental law, the legislation guiding ideology and the principle of sustainable development, the integrated tendency of the environment law, constructs non- codification pattern of the Chinese environmental law.In the context of the temporary clamor of Chinese legal code, The most fundamental purpose of this article is to remind the development of environmental law should remain sober, combine it with the strategy of sustainable development and the construction of a harmonious society adhere to the pattern of non- codification legislative model, to meet the needs of China's social development, rather than deliberately pursuit the codification.