LI Yanfang, TIAN Shiyu
Journal of Renmin University of China.
The idea of codification has gradually emerged in the field of environmental lawA comparative study on the Environmental Code is conducive to the codification of environmental law in ChinaBetween formal codification and substantive codification, Chinese Environmental Code should choose moderate codification as the objective orientation, and unfold it through the three dimensions of certainty, stability and openness from the perspective of systematic benefits of the codeThe certainty dimension appeals to the clarification of the scope of environmental codeChina should comprehensively consider the demarcation basis presented in the comparative law and carefully select certain legislations into the environmental codeThe boundary of code divides environmental norms into the internal and the external systemsGiven the academism style generally followed by the European Environmental Codes, the stability of environmental code depends on the abstraction of the general part and the logic of specific partsThe environmental code also needs to maintain a certain degree of openness to the external sources of environmental law for its renewal and evolution, by managing the relationship with environmental special laws in response to the challenge of the Decodification and coordinating with relevant branches of law to achieve legal synergy