南京工业大学学报（社会科学版）2026，Vol.24Issue(1)：20-34,15.
系统论法学视角下流域生态环境协同立法的功能定位与制度进路
Functional Orientation and Institutional Pathways of Collaborative Legislation on River-Basin Ecological Environment from the Perspective of Systems Theory of Law
摘要
Abstract
As China's regional coordinated development strategy continues to deepen,collaborative legislation on the river-basin ecological environment has become a pivotal institutional response to the persistent fragmentation of basin ecological governance and the pressing need for genuinely inter-jurisdictional collaborative governance.However,current legislative practice still faces significant challenges,including incomplete collaboration among legislative actors,limited depth of coordination in legislative content,and inadequacies in the mechanisms necessary to sustain legislative collaboration.Drawing on the systems theory of law,characterized by the dialectical logic of operational closure and cognitive openness,this study provides a theoretical and methodological framework for improving collaborative legislation on the river-basin ecological environment.Although the legal system and the river-basin ecological environmental system are fundamentally different in nature,effective interaction and coordination can nevertheless be achieved through structural coupling.On this basis,the functional orientation of collaborative legislation on the river-basin ecological environment can be reconstructed to focus on integrating multiple interests,stabilizing normative expectations,and advancing spatial justice.At the institutional level,it is essential to clarify the roles and responsibilities of diverse legislative actors and to develop differentiated collaborative legislative mechanisms suited to varying governance contexts,including intra-provincial cross-prefectural collaboration,inter-provincial collaboration,and cross-prefectural collaboration across different provinces.In terms of legislative substance,particular attention should be paid to key domains such as ecological compensation,environmental standards and data sharing,and legal liability,with a view to building a coherent and mutually reinforcing normative framework.Furthermore,informed by the theories of reflexivity and procedural paradox,a legislative quality assurance mechanism featuring vertical coordination and horizontal linkage should be established to provide systematic,proceduralized,and standardized institutional support for collaborative river-basin ecological governance.In this way,the advancement of collaborative legislation on the river-basin ecological environment can be effectively promoted,and the practical dilemmas presently encountered in the collaborative legislation on the river-basin ecological environment can be progressively mitigated and resolved.关键词
系统论法学/流域生态环境治理/协同立法/环境司法分类
社会科学引用本文复制引用
史玉成,张云..系统论法学视角下流域生态环境协同立法的功能定位与制度进路[J].南京工业大学学报（社会科学版）,2026,24(1):20-34,15.基金项目
国家社会科学基金一般项目"生态环境法典编纂中的本土生态法文化与制度基因研究"(25BFX041) （25BFX041）
