中国人口·资源与环境2025，Vol.35Issue(7)：1-12,12.DOI:10.12062/cpre.20250641
《生态环境法典》维护国家生态安全的法律逻辑与规范构造
Legal logic and normative framework of the Ecological and Environmental Code for maintaining China's national ecological security
摘要
Abstract
National ecological security is one of the constituent elements of China's national security and a goal of the ecological civili-zation system reform,which should be confirmed and codified in the Ecological and Environmental Code of the People's Republic of China(hereinafter referred to as the"Ecological and Environmental Code")currently under compilation."National ecological security"as a term has undergone a process of transformation from an academic concept to a policy term and,subsequently,to a legal concept in China.It should serve as a core concept in the Ecological and Environmental Code,and a normative system for safeguarding China's na-tional ecological security should be constructed with this concept as its foundation.At present,some standalone environmental laws stip-ulate provisions on"ecological security"or"national ecological security",generally adopting three legislative models:designating"eco-logical security"as a legal value,as a working mechanism,and as an object of adjustment.Each model presents dilemmas in its internal logic and institutional implementation.This study concludes that the provisions on national ecological security in the Ecological and En-vironmental Code should be the legislative expression of the triple legal logic of ontology,relation theory,and structural theory:taking ontology as the goal,relation theory as the legislative path,and structural theory as the logical mainline for institutional development.The normative framework for improving the national ecological security guarantee system in the Ecological and Environmental Code of the People's Republic of China(Draft)includes:① The Ecological and Environmental Code shall incorporate"maintaining national ecological security"into the provisions of the purpose of the legislation on the premise of defining"national ecological security"as an independent object of adjustment;② The Ecological and Environment Code should improve the regulatory system for national ecologi-cal security by clearly specifying the national ecological security regulatory bodies and their respective authorities;③ The Ecological and Environmental Code should improve the specific institutional system for maintaining national ecological security,expanding the leg-islative scope from the ecological protection section to other sections,adopting both direct-protection and indirect-regulation dual mech-anisms,and systematically strengthening the national ecological security risk-prevention and control systems in the pollution prevention and control section and the green and low-carbon development section.关键词
生态环境法典/国家生态安全/生态系统/生态风险Key words
Ecological and Environmental Code/national ecological security/ecological system/ecological risk分类
社会科学引用本文复制引用
刘超..《生态环境法典》维护国家生态安全的法律逻辑与规范构造[J].中国人口·资源与环境,2025,35(7):1-12,12.基金项目
中共中央宣传部宣传思想文化青年英才资助项目"建构中国自主的知识体系视域下生态安全的法理与机制"(批准号:2021QNYC184). （批准号:2021QNYC184）
