環境憲法的新發展及其規範闡釋

The New Development of The Environmental Constitution and Its Normative Interpretation

通過2018年的憲法修改，我國環境憲法的規範體系得到進一步充實。“生態文明”等內容的入憲，體現了“部門法的憲法化”，也回應了環境法的價值訴求。我國環境憲法釆用了“國家目標”而非“環境權”的規定方式，但却通過對國家權力課予不同層次的義務，滿足了“環境權入憲”的功能期待。我國憲法既有的環境保護的國家目標條款體系，經由憲法序言第7自然段增加的“新發展理念”“生態文明”“和諧美麗”等價值宣示，得到了原則性强化。對環境保護目標的落實，也應與序言“國家根本任務”中的其他國家目標相協調。將“生態文明建設”作爲國務院職權，表明生態環保幷非嚴格法律保留事項，但實踐仍需要妥當處理立法權與行政權的職責分配。對憲法修改後形成的“環境憲法”的諸規範，必須在憲法與部門法“交互影響”的原理下作出體系融貫的解釋。 Through the amendment of the constitution in 2018, the normative system of our country’s environmental constitution has been further enriched. Adding the tfi ecological civilization,’ to the constitution embodies the “ constitutionality of department law” and also responds the value appeal of the environmental law. China’s en­vironmental constitution adopts the “national goal” rather than the “right of environment”,but it satisfies the functional expectation of “the right of environment” by giving different levels of obligation to state power. The existing national environmental protection clause system in constitution has been strengthened by principles of 1£new development concept’,“ecological civilization”,“harmony and beauty” and so on, which are added in the seventh paragraph of the preamble in constitution. The implementation of environmental protection should also be balanced and coordinated with other national goals in the preamble. Taking the “ecological civilization construction” as the State Council’s power shows that ecological environmental protection is not strictly legal reservation matters, but practice still needs to properly handle the allocation of responsibilities between legis­lative power and administrative power. After the amendment of the constitution the various norms of the a envi­ronmental constitution” must be explained by the integration of the system under the principle of “interactive influence,’ between the constitution and the department law.

Through the amendment of the constitution in 2018, the normative system of our country’s environmental constitution has been further enriched. Adding the tfi ecological civilization,’ to the constitution embodies the “ constitutionality of department law” and also responds the value appeal of the environmental law. China’s en­vironmental constitution adopts the “national goal” rather than the “right of environment”,but it satisfies the functional expectation of “the right of environment” by giving different levels of obligation to state power. The existing national environmental protection clause system in constitution has been strengthened by principles of 1£new development concept’,“ecological civilization”,“harmony and beauty” and so on, which are added in the seventh paragraph of the preamble in constitution. The implementation of environmental protection should also be balanced and coordinated with other national goals in the preamble. Taking the “ecological civilization construction” as the State Council’s power shows that ecological environmental protection is not strictly legal reservation matters, but practice still needs to properly handle the allocation of responsibilities between legis­lative power and administrative power. After the amendment of the constitution the various norms of the a envi­ronmental constitution” must be explained by the integration of the system under the principle of “interactive influence,’ between the constitution and the department law.