中国人口·资源与环境2025，Vol.35Issue(12)：19-29,11.DOI:10.12062/cpre.20251046
论《环境保护法》框架下标准制度的发展演进与法典化构建
Development and evolution of the standards system under the framework of the Environmental Protection Law and its codification
摘要
Abstract
The standards system is an essential component of China's environmental legal system.The construction of a standards sys-tem concerning the ecological and environmental section within the Ecological and Environmental Code(hereinafter referred to as"the Code")represents a codified continuation of the evolution of the standards system under the framework of the Environmental Protection Law of the People's Repubic of China.How to establish institutional norms for standards within the Code is an important theoretical and practical issue that needs to be addressed during its compilation.This study applies normative analysis and text analysis methods,argu-ing that the design of institutional norms for standards within the Code needs to both follow the laws of institutional evolution and com-prehensively respond to practical challenges.By reviewing and summarizing the development trajectory of the standards system under the framework of the Environmental Protection Law of the People's Repubic of China since 1979,this study finds that its development presents common patterns in three aspects:basic logic,external architecture,and system functions.Meanwhile,by combining the objec-tives of codification with standards management practices,the study points out that the design of norms for the standard system in the Code faces four major challenges:the impact of external structures,the coordination and expansion of the typology of norms,the strengthening of constraints on the formulation and revision of norms,and the structural reinforcement of implementation review norms.Finally,based on the provisions regarding the standards system outlined in the Ecological and Environmental Code(Draft),this study makes the following suggestions for the design of standards system provisions in the ecological and environmental section of the Code:① Structurally,an external framework should be established featuring"standardization legislation as the foundation,ecological and en-vironmental standards norms in the Code as the systematic manifestation,standards norms in non-Code individual legislation as supple-ments,and sector-specific departmental regulations as concrete extensions,"while internally adopting a"general-specific"structure to hierarchically arrange standards norms at different levels.② The General Provisions should establish common norms with a basic insti-tutional nature by optimizing and expanding the typology of norms,supplementing and improving formulation and revision norms,and strengthening the implementation review norms,thus achieving comprehensive coverage over the Specific Provisions and separate laws.③ The Specific Provisions must adhere to the"moderate codification"principle,differentially establishing common standards system norms within the respective sections,coordinating norms that interface with external individual law standards systems,and creating in-novative norms with leading and supplementary functions.关键词
生态环境法典/标准制度/《环境保护法》/标准化Key words
Ecological and Environmental Code/standards system/Environmental Protection Law/standardization分类
社会科学引用本文复制引用
周骁然..论《环境保护法》框架下标准制度的发展演进与法典化构建[J].中国人口·资源与环境,2025,35(12):19-29,11.基金项目
重庆市教委人文社科研究项目哲学社会科学重大理论研究阐释专项课题"研究阐释党的二十届四中全会精神"(批准号:25SKCS). （批准号:25SKCS）
