中国人口·资源与环境2025，Vol.35Issue(10)：24-33,10.DOI:10.12062/cpre.20250928
《生态环境法典(草案)》域外适用规则的缺陷与优化路径
Deficiencies of the extraterritorial application rules of China's Ecological and Environmental Code(Draft)and their optimization pathways
摘要
Abstract
The Ecological and Environmental Code(Draft)(hereinafter referred to as the Code(Draft))attempts for the first time to es-tablish,in codified form,the extraterritorial application of ecological and environmental protection law,thereby providing a systematic and authoritative legal instrument to effectively address extraterritorial environmental challenges.The effects doctrine,as one of the key theoretical foundations for extraterritorial application,has the advantage of compensating for the limitations of territorial jurisdiction and safeguarding national ecological and environmental security.However,due to the ambiguity of the"substantial effects"standard,the complexity of proving causation,and the risk of potential abuse,it requires limitation through the most significant relationship doc-trine and the adoption of quantifiable criteria.However,the rules of the Code(Draft)on extraterritorial application remain imperfect:core concepts are insufficiently defined;jurisdictional connecting links and quantifiable standards are unclear;the structure of legal lia-bility is imbalanced,with criminal liability being weakened,and there are gaps in the regulation of corporate crimes and pollution caused by vessels on the high seas;and enforcement mechanisms are inadequate,with poor inter-departmental coordination,weak link-age between foreign-related litigation and administrative enforcement,and frequent conflicts of extraterritorial jurisdiction.These defi-ciencies restrict the scope and effectiveness of the Code(Draft)'s extraterritorial application and undermine its deterrent effect on extra-territorial conduct.To address these challenges,this study proposes five optimization pathways:① clarifying the threshold standards of the effects doctrine,refining jurisdictional connecting links,and ensuring consistency with prohibitive rules of international law;② pri-oritizing objective territorial jurisdiction,supplemented by nationality and protective jurisdiction,to expand the scope of application within the framework of international law;③ balancing pollution prevention and ecological protection,adding provisions on ecological damage liability,and specifying legal responsibilities for extraterritorial corporate crimes and pollution by Chinese-flagged vessels on the high seas;④ improving the extraterritorial application collaboration system,building inter-ministerial coordination and joint confer-ence mechanisms,and pre-establishing solutions for jurisdictional conflicts;and ⑤ improving judicial mechanisms,strengthening the role of judicial organs,and exploring new paradigms for extraterritorial investigation and evidence collection to enhance justiciability.The improvement of the Code(Draft)'s extraterritorial application rules will not only help China respond effectively to external risks and challenges and safeguard national ecological and environmental sovereignty,security,and development interests,but also serve to coun-ter the abuse of extraterritorial jurisdiction by the United States and other Western countries,provide a legal response to"long-arm ju-risdiction,"and contribute a Chinese rule-of-law solution to global ecological and environmental governance.关键词
《生态环境法典(草案)》/域外适用/环境污染/生态破坏Key words
Ecological and Environmental Code(Draft)/extraterritorial application/environmental pollution/ecological damage分类
社会科学引用本文复制引用
GUO Ran,SHI Xiaoran..《生态环境法典(草案)》域外适用规则的缺陷与优化路径[J].中国人口·资源与环境,2025,35(10):24-33,10.基金项目
国家社会科学基金重点项目"三大全球倡议重大理论和实践问题研究"(批准号:24AZD051). （批准号:24AZD051）
