中国石油大学学报(社会科学版)2024,Vol.40Issue(1):45-52,8.DOI:10.13216/j.cnki.upcjess.2024.01.0006
"双碳"目标背景下能源法律规范纳入生态环境法典研究
Study on the Incorporation of Energy Laws into the Ecological Environment Code in the Background of the Carbon Peak and Neutrality Goals
摘要
Abstract
At present,research on the codification of environmental law should focus on the deeper question of"how to codify"and the specific scheme and path of codification.Under the background of"double carbon"goal,the codification of environmental law has led to two key questions:whether energy law norms can be incorporated into the Ecological Environment code and how to incorporate energy law norms into the Ecological Environment code.From the perspective of the relationship between energy law and environmental law,although there are differences between the two,there are still some communalities in terms of values and legislative purposes.The in-corporation of some energy laws into the Ecological Environment is endogenously and externally driven,which is a feasible way to a-chieve the"double carbon"goal.Based on the reference to the precedents of comparative law,we can follow the basic principle of"do-ing something and not doing something"and selectively incorporate some energy legal norms into the Ecological Environment code that meet the purpose of codification,fit the scope of adjustment of the Ecological Environment code and fit the structure of the code,so as to provide legal guarantee the realization of"double carbon"goal.关键词
"双碳"目标/生态环境法典/能源法/环境法Key words
carbon peak and neutrality goals/Ecological Environment code/energy law/environmental law分类
社会科学引用本文复制引用
孙昭宇.."双碳"目标背景下能源法律规范纳入生态环境法典研究[J].中国石油大学学报(社会科学版),2024,40(1):45-52,8.基金项目
司法部2019年度国家法治与法学理论研究重点项目(19SFB1010) (19SFB1010)