CAO Wei
Journal of Renmin University of China.
The basic goal of codification of environmental law is to construct a normative system that meets the requirements of formal rule of law, rather than providing effective solutions to practical problemsThe systematization of environmental law norms requires environmental law scholars to return to legal dogmatics in methodology, and to integrate norms through legal interpretation and systematizationIn order to avoid the solidification and rigidity of the normative system brought about by the separation of “value” and “fact”, value judgment is still needed in the process of systematization of environmental lawValue judgments must be standardized to avoid negative impact on the regulatory systemValue judgment involves two aspects: value identification and value selectionThe standardization of value identification needs to ensure the type of value sourceThe value that can enter the environmental law norm system includes the basic value in the environmental law normative principle, the basic value in the constitutional system of the constitution and the departmental law, and the basic value in the legal policyThe standardization of value selection needs to abide by specific value selection rules, that is, “value selection should conform to the basic value orientation of the departmental law norm system or the legal norm system” and “value selection can make inconsistency with the departmental law norm system and even the overall law order, but must take the responsibility of the argument”