中国人口·资源与环境2024，Vol.34Issue(12)：14-24,11.DOI:10.12062/cpre.20241103
整体性治理视域下生态保护规范法典化的逻辑与进路
Logic and approaches of codification of ecological protection norms from the perspective of holistic governance
摘要
Abstract
In recent years,environmental governance in China has gradually shifted from element-based management to systematic gover-nance,aiming to address the shortcomings of traditional governance models that insufficiently consider the integrity of ecosystems.In this context,holistic governance has emerged as an important reference in the ecological protection norms within the Ecological and Environ-mental Code.This transition has necessitated a conceptual alignment with the logical mainline of sustainable development and adherence to a holistic method in terms of textual logic and legal institutions to strengthen China's ecological legal system.Based on a moderate codi-fication model,the special section on natural ecological protection in the Ecological and Environmental Code could follow the following ra-tionale:① Regarding legal philosophy,the harmonious coexistence between humans and nature should be incorporated into the code,con-structing an ecological legal system centered on the environmental code through a holistic and systematic approach.In the special section on natural ecological protection,a systematic outlook should be maintained to promote integrated protection and governance of'mountains,waters,forests,farmlands,lakes,grasslands,deserts,and glaciers,'with the fundamental aim of preserving the overall function of ecosys-tems,thus constructing the ecological protection legal system accordingly.② Regarding content,on the basis of the interrelated aspects of environment,resources,and ecology,the focus and core of legal norms for ecological protection in the special section on natural ecological protection should be clarified,and an'ecology-resource'integrated protection model should be adopted.Concurrently,under the require-ments of moderate codification,coherence and connection should be achieved between the special section on natural ecological protection and those on pollution control and green low-carbon development,and an effective synergy between the code and separate laws should be ensured,thereby clarifying the specific manifestations of the same ecological elements with varying emphasis based on'environment,''ecology,'and'resources'in different sections of the code.③ In terms of framework,with biodiversity protection as the logical founda-tion,the primary content of ecological protection should cover aspects of ecosystem protection,species conservation,and safeguarding of genetic resources.Based on this framework,regulations should be established for managing ecological degradation,promoting ecological restoration,and implementing ecological compensation to achieve holistic governance from ecosystems to inter-species and finally to intra-species levels.Simultaneously,the Ecological and Environmental Code could arrange natural ecological protection systems based on a ty-pological logic,constructing a regulatory system of'prevention in advance-process supervision-damage relief-restoration management,'thereby providing a comprehensive and robust normative basis for ecological protection.关键词
生态环境法典/自然生态保护编/整体性保护/生态安全/生物多样性Key words
Ecological and Environmental Code/ecological protection section/holistic protection/ecological security/biodiversity分类
社会科学引用本文复制引用
朱炳成,宁天琦..整体性治理视域下生态保护规范法典化的逻辑与进路[J].中国人口·资源与环境,2024,34(12):14-24,11.基金项目
国家社会科学基金青年项目"环境健康权保障的公私法协动进路研究"(批准号:21CFX049). （批准号:21CFX049）
