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The Codification Of Chinese Environmental Law

Posted on:2013-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:C YanFull Text:PDF
GTID:2246330395970935Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Law is the lever to adjust society and the foundation to shape social order. The code of laws is always occupying a core place in the countries under the guidance of continental law, which is the ideal of legislation model. Every department is unceasingly completing and supplementing its laws to achieve the final object of instituting a law code. As a country guided by the continental law, the law code is undoubtedly an important symbol to judge its development. China is no exception and will still peruse to realize codification. At present, our civil code law formulation is under intense preparation.In this article, the author takes a series of measures, like historical analysis, philosophical analysis, comparative analysis and induction to demonstrate the basis of our environmental law development, and positively agrees that our country should codify the environmental law. Three sections in the body part have gradually proved the reason to the environmental law codification and the way to realize it. Section one has a brief summary of codification’s connotation, criterion and significance. In a broad sense, the law code is the aggregation of law, the sum of law norms with specific topics. To be more specific, it is an entity covering every laws and regulations, including a whole system of the rule of law on specific issue. The law code is the product of scientific application on legislation. Section two discuses the feasibility and necessity of environmental law codification. Internationally, codification of environmental law is going to assimilation. The long-term tradition of our codification, complete environmental legal and norm system as well as fruitful theory researches provide feasible conditions in realizing the codification. Section three brings up legislative conception, respectively introduces and draws on the experience of basic models from Sweden, France and Germany, positioning our codification and discussing the contents on style options.The innovation of the article is that the author addresses the legislation conception through theory, based on which a preliminary plan is designed on the codification framework, for the purpose of enlightening the way of our environment resource law’s future development.
Keywords/Search Tags:Code, Codification, Environmental law, Environmental code
PDF Full Text Request
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