中国人口·资源与环境2024，Vol.34Issue(12)：25-35,11.DOI:10.12062/cpre.20241102
生态环境修复制度的法典化实现
Codification of the system for ecological environment restoration
摘要
Abstract
The system for ecological environment restoration represents a newly emerging environmental governance framework within China's ecological conservation efforts in the new era.Current academic discussions primarily focus on the legal nature and implemen-tation mechanisms of the responsibilities for ecological environment restoration.However,these debates often reveal a pronounced di-chotomy between public and private law perspectives and rely heavily on traditional branch-law paradigms.Such an approach lacks a holistic perspective rooted in a systems-thinking approach,which is essential for the comprehensive construction and integration of this framework.Existing national policies,laws,regulations,and judicial interpretations regarding ecological environment restoration are marked by fragmentation and a lack of systematic coherence.They fail to provide a comprehensive framework to systematically address key issues such as the identification of responsible parties,restoration methods,standards,plans,and oversight mechanisms.This defi-ciency undermines their institutional role in providing clear and effective normative guidance for environmental supervision,enforce-ment,and judicial practice.The codification of the Ecological and Environmental Code provides an opportunity for the normative inte-gration of the ecological environment regulatory system.In the process of codification,the system for ecological environment restoration can be affirmed as a'reform-confirmation'fundamental system.The specific implementation pathway for this codification can be out-lined as follows:First,it involves systematically reviewing and integrating the ecological environment restoration norms from relevant laws,regulations,and policy documents while synthesizing and extracting effective practices from real-world ecological restoration ef-forts.Building upon this foundation,the Code should establish fundamental provisions for ecological environment restoration in the'General Principles'section,covering key principles,types of institutional frameworks,as well as the powers and duties,rights,and ob-ligations of different responsible entities involved in restoration efforts.Second,in specific sections such as'Pollution Control,''Natu-ral Ecological Protection,'and'Green Low-Carbon Development,'the Code should elaborate on specific ecological restoration mea-sures and rules,tailored to the distinctive characteristics of each area.Third,legal responsibilities and enforcement procedures for eco-logical environment restoration should be specified in the'Ecological Environment Responsibility.'This codification process aims to establish a logically coherent system for ecological environment restoration,underpinned by inherent values and principles.Further-more,given that certain standalone environmental laws will remain effective after the enactment of the Ecological and Environmental Code,a'code law+special laws'dual framework will emerge.Hence,the codification of ecological environment restoration is indis-pensable for maintaining consistent coordination and communication with these special laws and other relevant branch laws.关键词
生态环境修复/法律属性/制度定位/法典化表达Key words
ecological environment restoration/legal nature/institutional positioning/codification分类
社会科学引用本文复制引用
史玉成..生态环境修复制度的法典化实现[J].中国人口·资源与环境,2024,34(12):25-35,11.基金项目
台达集团中达环境法学教育促进计划项目"生态环境损害赔偿制度研究"(批准号:2022-0101). （批准号:2022-0101）
