中国人口·资源与环境2026，Vol.36Issue(1)：29-36,8.DOI:10.12062/cpre.20251103
生态环境法典法律概念体系建构的理论检视与发展完善
Theoretical review and development of the systematization of legal concepts in the Ecological and Environmental Code
摘要
Abstract
The compilation of the Ecological and Environmental Code is a crucial part of the rule of law regarding China's ecological civilization.Legal concepts are the basic units of legal norms and the starting point for legal reasoning.The systematization of various branches of law typically begins with clarifying fundamental concepts.For a long time,under the legislative model of separate laws,the legislative body has not systematically integrated the legal concepts within environmental law.The compilation of the Ecological and En‐vironmental Code provides an important opportunity to accomplish this task.Judging from the public text,the Ecological and Environ‐mental Code(Draft)has made significant progress in the development and improvement of the systematization of legal concepts in three main areas:first,it has significantly updated the cornerstone concept of the Ecological and Environmental Code,replacing"environ‐ment"with"ecology and environment";second,it has supplemented,adjusted,and standardized existing concept definition clauses;and third,it has created new legal concepts based on policy practice and objective needs.Given the requirements for systematizing legal concepts in the Ecological and Environmental Code,the compilation should ensure consistency with the constitutional conceptual sys‐tem,enhance the coherence between legal concepts,and improve the design and arrangement of concept definition clauses.Based on these considerations,the systematization of legal concepts in the Ecological and Environmental Code can be achieved through three measures:first,implementing the requirements of the constitutional conceptual system by clarifying the independent status of the con‐cept of"living environment"while regarding"ecology and environment"as the cornerstone concept;second,strengthening the seman‐tic connections between legal concepts by sorting out the distinctions and relationships for concepts that may overlap in meaning and scope,while considering the deletion of concepts that lack organic connections or fail to reflect independent regulatory content;and third,optimizing the structural arrangement of definition provisions,whereby basic concepts applicable to the entire Ecological and En‐vironmental Code are centrally stipulated,while those relevant only to specific chapters are dispersed accordingly.Through these mea‐sures,the scientific definition of legal concepts can be achieved,eliminating ambiguity and repetition and improving the legislative quality of the code's external system.关键词
生态环境法典/法律概念/体系化/融贯性Key words
Ecological and Environmental Code/legal concept/systematization/coherence分类
社会科学引用本文复制引用
曹炜,张舒..生态环境法典法律概念体系建构的理论检视与发展完善[J].中国人口·资源与环境,2026,36(1):29-36,8.基金项目
国家社会科学基金重大项目"全球环境治理中的国内法治和涉外法治统筹问题研究"(批准号:23&ZD166) （批准号:23&ZD166）
中央高校基本科研业务费项目"法典化视野下的环境健康风险规制"(批准号:2025JKF02SK10). （批准号:2025JKF02SK10）
