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This book emerges from a series of research seminars and projects conducted over seven years at prestigious Chinese law schools and environmental research institutes, focusing on the formulation of an Environmental Code in China. Contributors, many of whom have participated in these seminars and published in leading Chinese law journals, provide readers with an insightful and comprehensive guide to this significant endeavor.
The primary objective of this book is to analyze the multifaceted aspects of environmental law codification in China against its unique legal, social, and political backdrop, and its far-reaching impacts on environmental governance in the country. It delves into the necessity and methodologies of developing an environmental code tailored to China's specific environmental challenges, offering insider perspectives on procedural and substantive issues related to environmental law codification. This includes reviewing the theoretical underpinnings, such as the necessity and feasibility of codifying environmental laws, as well as discussing the structure and coverage of the proposed Environmental Code.
Moreover, the book explores the interplay between the proposed environmental code and existing national laws, such as the Constitution, Civil Code, Criminal Code, and the prospective Administrative Code of China. It examines key issues such as environmental rights, ecological and environmental liability, and low-carbon development within the context of the proposed Environmental Code. With contributions from counselors and judges of Chinese environmental courts, this book is positioned as an authoritative resource for environmental researchers and judges in this field.
List of contents
Environmental Law Codification: Towards A New Paradigm of Environmental Legislation in China.- Environmental law Codification in China: general considerations.- On the structure of China's environmental code: lessons learned from the foreign jurisdictions.- On the Construction and innovation of the frameworks of China's environmental code.- The systematization function of environmental law codification in China.- Pollution Control in China's Environmental Code: A critical analysis.- On the Basic Principle Provisions of China's Environmental Code.- Nature and Ecosystem Protection in China from the perspective of Environmental Code.- Ecological Environmental Legal Responsibilities from the Perspective of Environmental Code.- Natural and cultural heritage conservation and the Environmental Code of China.- On the Expert Draft of the Environmental Code of China.- Pandekten School and the Compilation of China's Environmental Code: A Reflection on German experience.- Green and low-carbon development as an integral part of the China's Environmental Code: its logics and normative expression.- Codification of Energy law in China's environmental Code.
