生態環境法典的系統治理原則及其體系展開

Systematic Governance Principle and Its Embodiment in the Code of Ecology and Environment

貫徹生態文明理念需要環境法確立系統治理理念，但現行《環境保護法》第5條規定的綜合治理原則因地位與內涵爭議而難以擔此重任，需要在生態環境法典總則編中確立具有“將生態系統的整體利益納入考量”內涵的系統治理原則。面對按環境資源要素分立的環境法體系，系統治理原則要求在宏觀層面上協調污染防治、自然資源保護等要素立法之間的治理目標與手段，並且在微觀層面上拓展規劃、環評等各項環境法制度對生態系統整體利益的跨要素保護。生態環境法典編纂應在明文規定系統治理原則的基礎上，重點提升總則編基本制度條款的綜合性，以及分則各編具體制度條款的協調性，並且在自然生態保護編中完善針對特定生態區域的系統保護規範。

The concept of ecological civilization enshrined in the Constitution in 2018 has triggered changes in the internal values of environmental law. Among them, the concept of systematic governance that ''mountains, waters, forests, fields, lakes, grasslands, and deserts are a community of life'' is particularly remarkable. Implementing the concept of ecological civilization requires environmental law to incorporate the concept of systematic governance. Currently, the comprehensive governance principle stipulated in Article 5 of the Environmental Protection Law has failed to undertake this task due to disputes over its status and interpretation. Therefore, it is necessary to establish a systematic governance principle with the connotation of ''taking the integral interests of the ecosystem into consideration'' through the ongoing codification of environmental laws. The systematic governance principle requires that the design and application of environmental law should not only consider the impact of specific behaviors on specific environmental elements, but also comprehensively consider the overall impact of various behaviors on the relevant ecosystems. The systematic governance principle is not in conflict with an environmental law system constructed according to environmental elements, but it requires that legal rules for different environmental elements be coordinated and connected with each other. Under this principle, environmental law should, at the macro level, coordinate the governance objectives and means of various element-based laws according to the integrity of the ecosystem, so as to comprehensively regulate various behaviors that affect different environmental elements. Moreover, the systematic governance principle also requires expanding the cross-element protection function of basic regulatory instruments such as planning, environmental impact assessment, and licensing at the micro level. In face of government departments with distinctive objectives and interests, it is necessary to achieve the mutual coordination among element-based laws and the systematic optimization of the regulatory instruments at the legislative level. The ongoing codification of environmental laws provides a desirable opportunity for this. At present, there is a basic consensus on the codification in adopting a substantive compilation model, a moderate codification approach, and a five-parts structure including the general part, pollution control part, natural and ecological protection part, green and low-carbon development part, and ecological and environmental liability part. Under this general consensus, the codification of environmental laws should clearly stipulate the systematic governance principle in the general part. The codification should further enhance the systematic governance function of the basic regulatory instruments, including giving play to the guiding, and restrictive role of planning, expanding the environmental impact assessment system to provide procedural guarantees, and integrating the procedures of various element-based environmental licenses. In addition, necessary coordination rules should be set among the specific parts of the Code, including the coordination of pollution prevention and ecological protection, the coordination of greenhouse gas emission reduction and pollution prevention, as well as the coordination of carbon sink protection and natural protection. The general norms for the protection of important river basins, regions, and natural protected areas should also be established in the part of natural and ecological protection.