Innovations in Constructing the Framework of China's Environmental Code —Referencing the Framework of China's Civil Code

Abstract

The success in compiling China's Civil Code benefits from factors such as China's complete system of civil law statutes, the methodology of the Pandekten System, and the private-law attributes of civil laws, etc. To construct the framework of China's environmental code, it is necessary to reference that success for theoretical and structural innovations. In addition, the fundamental features and inherent issues of China's existing environmental law system, such as its breadth, the extensiveness of origins of environmental law, the multiple implication of environmental legal relations, and the compound nature of the environmental legal liability system, should be taken into account. The layout structure of General—Specifics should be adopted for compiling China's environmental code, while moderate codification and extraction of the common factor (vor die Klammer zu ziehen) for connection with applicable rules of specific laws should serve as construction principles and methods for compiling the framework of China's environmental code. The environmental code should have five parts: General ; Pollution Prevention and Control ; Nature Conservation ; Green and Low-Carbon Development ; and Ecological and Environmental Responsibility.

Key words： environmental code framework; General—Specifics structure; pollution prevention and control; nature conservation; green and low-carbon development; construction and innovation