中国人口·资源与环境2024，Vol.34Issue(12)：46-54,9.DOI:10.12062/cpre.20241035
生态环境法典编纂合宪性控制的运行机理
Operational mechanism of constitutional control in the compilation of the Ecological and Environmental Code
摘要
Abstract
The report to the 20th National Congress of the Communist Party of China emphasized the constitutionality of legislation,and in March 2023,the amendment to the Legislation Law of the People's Republic of China continued to uphold this principle.The compila-tion of the Ecological and Environmental Code has been placed on the legislative agenda,which is a key priority and significant chal-lenge in the current legislative field.In this context,this study explores the significance of the operational mechanism of constitutional control in environmental legislation,as the principle of constitutional control of legislation has gained broader recognition.Through nor-mative analysis and comparative analysis,the study combines legislative and interpretative theories to investigate the constitutional con-trol in the compilation of the Ecological and Environmental Code.The finding indicates that the Ecological and Environmental Code is a domain-based code and should follow the concept of moderate codification.Environmental legislation is becoming increasingly decen-tralized and is highly correlated with national policies,which increases the constitutional risks associated with the compilation of the Ecological and Environmental Code.This,in turn,objectively requires strengthened constitutional control.The constitutional control in the compilation of the Ecological and Environmental Code is a systematic project encompassing three phases:pre-legislative,legisla-tive,and post-legislative stages.The path of constitutional control lies in establishing a holistic mindset and determining the key objec-tives of constitutional control according to the specific circumstances of each stage.The core of the pre-legislative stage lies in the for-mation of conceptual frameworks.It should focus on examining whether the Ecological and Environmental Code adheres to constitution-al basis,complies with the spirit of the constitution,and aligns with constitutional norms.The legislative stage represents a critical tran-sitional phase,which includes joint participation from bodies such as the Legislative Affairs Commission of the Standing Committee of the National People's Congress,the Environmental and Resource Protection Committee of the National People's Congress,and the Con-stitution and Law Committee of the National People's Congress.This stage covers the entire process,from bill drafting to review and vot-ing.The post-legislative stage should first clarify its theoretical foundation.The challenge lies in constructing a post-legislative review system,such as exploring the activation of constitutional review rights and creating a request-based system supported by review sugges-tions.Furthermore,it is important to strengthen post-legislative constitutional control through mechanisms such as compensation and restoration.This study examines the impact of constitutional control on the compilation of the Ecological and Environmental Code from a theoretical perspective,which holds significant value for improving the quality of the Code's compilation and ensuring its constitution-ality.关键词
生态环境法典/合宪性控制/事前控制/事中控制/事后控制Key words
Ecological and Environmental Code/constitutional control/pre-legislative control stage/legislative control stage/post-leg-islative control stage分类
社会科学引用本文复制引用
李雷..生态环境法典编纂合宪性控制的运行机理[J].中国人口·资源与环境,2024,34(12):46-54,9.基金项目
中央高校基本科研业务费"党的二十届三中全会精神研究阐释专项"(批准号:2722024DD009). （批准号:2722024DD009）
