全球生態環境治理視野下的中國生態法典編纂

China's Codification of the Environmental Law: From the Perspective of the Global Governance on Ecological Environment

全球生態環境治理視野下的中國生態環境法典編纂必須回應“人類共同關切事項”、為促進全球環境治理提供方案。中國的生態環境法治從價值理念、基本原則到制度規範全方位與全球生態環境治理互動共融，經歷了由參與者到引領者的角色轉變。生態環境法典編纂開啟中國引領世界環境治理秩序的新篇章，其至少應在四個維度實現示範引領作用：理念維度，以國際通行的法律語言“可持續發展”表達中國生態文明建設的世界貢獻；價值維度，以“共同體”理念為指引，採用中國式話語表達全人類共同價值；原則維度，對國際環境法原則進行轉化適用和創新發展；創新維度，充分發揮涉外法治的橋樑紐帶作用，統籌推進國內法治與涉外法治。

Building an ecological civilization is crucial to the future of the mankind. Ecological and environmental problems are common challenges for all humankind as well as main objects of global governance. China's codification of the environment law, which confirms, protects, and advances the progress of human ecological civilization via the environmental code and the method of rule of law, represents a significant legal move for China to participate in and lead the global environmental governance system. Co-building a global ecological civilization is a principle that must be upheld in the codification of China's environmental law. The building of China's modern environmental law began under the awakening of global environmental crises, evolved through independent exploration integrated with global trends, and has now shaped a new model of global ecological governance. This marks China's historic transition from a participant to a leader in the global governance on environment, showcasing a rich and dynamic landscape: global environmental governance provides a broad backdrop for the development of China's environmental rule of law, while China plays an increasingly pivotal role in shaping the global environmental governance system. This signifies the changes in the way that China takes part in the global environmental governance: from a unidirectional model of ''incorporating international consensus into domestic implementation'' to a multidimensional approach of ''contributing domestic experience to global exploration.'' It also highlights environmental legislation as a concentrated expression of China's engagement with global environmental governance. The codification of China's environmental law presents a valuable opportunity and direction for deeper dialogue and exchange between China and global environmental governance. These invaluable experiences should be cherished and further amplified. The journey China has undertaken in global environmental governance also represents a rediscovery of its traditional ecological and legal culture. In the era that the international community share commitment to achieving global sustainable development goals, the codification of China's environmental law will inaugurate a new chapter that China takes a leading part in reforming the global environmental governance order, which will be manifested in at least four dimensions. Philosophically, it achieves the '' integration of ancient and modern, Chinese and foreign perspectives'' in sustainable development. This involves adopting the international discourse of sustainable development while reflecting China's successful practices in building ecological civilization, thereby advancing the global environmental governance system toward an ecological civilization transition. In terms of values, it articulates the shared human values through a Chinese lens. This entails harmonizing common human values with socialist core values, anchoring the common value foundation and civilizational roots of global ecological governance in the ethical framework of modern Chinese civilization. As far as the principles are concerned, it continues to adapt and apply the principles of the international environmental law to China's context. This includes the transformations from the prevention principle'' to the ''precautionary principle'', from ''coordinated development'' to ''protection-first,'' and from ''the polluter-pays principle'' to the ''liability-for-harm principle''. In the dimension of institutional innovation, more proactive theories on jurisdiction should be borrowed, and necessary extraterritorial jurisdictional links should be established so as to provide theoretical support and systematic guidance for the construction of rules on the extraterritorial application of domestic law.