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A Legal Milestone on the Path to a Modernization of Harmony between Humanity and Nature

吕忠梅:迈向人与自然和谐共生的现代化的法治里程碑

· · Modern Chinese History · People's Daily (23 March 2026) · 16 min read

On the journey of comprehensively building a modern socialist country, a code is undoubtedly an important yardstick for measuring the level of modernization of the national governance system and governance capacity, and a concentrated embodiment of the achievements in the construction of the rule of law under socialism with Chinese characteristics. The Fourth Session of the 14th National People's Congress deliberated and adopted the *Ecological and Environmental Code of the People's Republic of China*, which codifies the theoretical, institutional, and practical achievements of ecological civilization construction since the 18th National Congress of the CPC [1]1 The *Canon of Laws* (法经) is traditionally considered the first written legal code in Chinese history, compiled by Li Kui in the state of Wei during the Warring States period (c. 5th–3rd centuries BCE)., marking a milestone in the history of China's rule-of-law construction and even in the history of human legal civilization.

在全面建设社会主义现代化国家的征程上,法典无疑是衡量国家治理体系和治理能力现代化水平的重要标尺,是中国特色社会主义法治建设成就的集中体现。十四届全国人大四次会议审议通过《中华人民共和国生态环境法典》,将党的十八大以来生态文明建设理论、制度、实践成果以法典化的方式确定下来,在中国法治建设史乃至人类法治文明史上都具有里程碑意义。

General Secretary Xi Jinping pointed out: "Only with the strictest systems and the most rigorous rule of law can reliable guarantees be provided for ecological civilization construction." [2]2 The *Tang Code* (唐律疏议) was the comprehensive legal code of the Tang dynasty (618–907 CE), highly influential on later Chinese and East Asian legal systems. The Ecological and Environmental Code, guided by Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law, is rooted in the fertile soil of fine traditional Chinese culture, closely integrated with China's national conditions and realities, systematically summarizes, refines, and elevates the achievements of China's ecological civilization system reform and ecological environmental rule-of-law construction, actively responds to the people's new expectations and new demands for a good ecological environment, and contributes Chinese wisdom and Chinese solutions to leading global environmental governance. This "green code" concerns the prosperity of the country and the well-being of the people, possesses Chinese characteristics, embodies the features of the times, reflects the will of the people, and is systematic, standardized, and coordinated. It is a strategic layout and a rule-of-law declaration for building Chinese-path modernization featuring harmony between humanity and nature, and has great political, theoretical, practical, and global significance.

习近平总书记指出:“只有实行最严格的制度、最严密的法治,才能为生态文明建设提供可靠保障。”生态环境法典坚持以习近平生态文明思想、习近平法治思想为指导,植根中华优秀传统文化深厚沃土,紧密结合中国国情和实际,系统总结、提炼升华我国生态文明体制改革和生态环境法治建设成果,积极回应人民群众对良好生态环境的新期待新要求,为引领全球环境治理贡献中国智慧和中国方案。这部“绿色法典”事关国家富强和人民幸福,具有中国特色、体现时代特点、反映人民意愿、系统规范协调,是建设人与自然和谐共生的中国式现代化的战略性布局与法治宣言,具有重大的政治意义、理论意义、实践意义和世界意义。

An Inevitable Requirement and Important Practice for Implementing Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law

贯彻习近平生态文明思想、习近平法治思想的必然要求与重要实践

The "Decision" of the Third Plenary Session of the 20th Central Committee of the CPC made the strategic deployment of "compiling an ecological environment code." Compiling an ecological environment code can transform the Party's propositions into the will of the state and ensure their implementation through the state's coercive force, effectively promoting the comprehensive implementation of Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law throughout the entire process and in all aspects of ecological civilization construction.

党的二十届三中全会《决定》作出“编纂生态环境法典”的战略部署。编纂生态环境法典,能够把党的主张转化为国家意志,并以国家强制力保证实施,有效推动习近平生态文明思想、习近平法治思想全面贯彻落实到生态文明建设全过程各方面。

Implementing the Party's innovative theories in the form of a code makes the implementation of the Party's propositions more institutionalized, standardized, and proceduralized. Xi Jinping Thought on Ecological Civilization is the theoretical sublimation and practical crystallization of our Party's unremitting exploration of ecological civilization construction. Xi Jinping Thought on the Rule of Law is a scientific summary of the rich practice and valuable experience of our Party's leadership in the construction of the rule of law. The ecological environment code is precisely the legal transformation and full embodiment of its core essence, rich connotation, and practical requirements. The ecological environment code explicitly includes the implementation of Xi Jinping Thought on Ecological Civilization, embedding iconic content of Xi Jinping Thought on Ecological Civilization, such as green and low-carbon development, comprehensively advancing the construction of a Beautiful China, and Chinese-path modernization featuring harmony between humanity and nature, into provisions on legislative purpose, guiding ideology, and basic principles. This ensures that major concepts like "lucid waters and lush mountains are invaluable assets" and "mountains, waters, forests, farmlands, lakes, grasslands, and deserts are a life community" are implemented institutionally, standardly, and procedurally through specific legal rules. At the same time, the Party's major policies, strategies, and deployments in the field of ecological civilization construction are concretized into behavioral norms, becoming standards to be uniformly followed by the entire society, with detailed legal liability clauses to guarantee implementation. This fully reflects the important requirements of Xi Jinping Thought on the Rule of Law regarding comprehensively advancing the legalization of all aspects of national work and demonstrates our Party's determination and capability to adhere to comprehensive law-based governance and solidify the rule-of-law foundation of Chinese-path modernization.

将党的创新理论以法典形式落实落地,使贯彻党的主张进一步制度化、规范化、程序化。习近平生态文明思想是我们党不懈探索生态文明建设的理论升华和实践结晶。习近平法治思想是对我们党领导法治建设丰富实践和宝贵经验的科学总结。生态环境法典就是对其核心要义、丰富内涵和实践要求的法律转化和充分体现。生态环境法典明确写入贯彻习近平生态文明思想,将绿色低碳发展、全面推进美丽中国建设、人与自然和谐共生的现代化等习近平生态文明思想的标识性内容落实到立法目的、指导思想、基本原则等方面的规定中,使“绿水青山就是金山银山”“山水林田湖草沙是生命共同体”等重大理念通过具体的法律规则得以制度化、规范化、程序化贯彻落实。同时,将生态文明建设方面党的大政方针、战略部署具体化为行为规范,成为全社会一体遵循的准则,并以详细的法律责任条款保障实施,充分体现了习近平法治思想关于全面推进国家各方面工作法治化的重要要求,彰显了我们党坚持全面依法治国、筑牢中国式现代化法治根基的决心和能力。

Fixing the achievements of ecological civilization system reform in the form of a code advances the modernization of the ecological environment governance system and governance capacity. Since the New Era, under the personal planning, personal deployment, and personal promotion of General Secretary Xi Jinping, ecological civilization system reform has advanced in depth, with

将生态文明体制改革成果以法典形式固定下来,推进生态环境治理体系和治理能力现代化。新时代以来,在习近平总书记的亲自谋划、亲自部署、亲自推动下,生态文明体制改革向纵深推进,“四梁八柱”建立健全,成为习近平生态文明思想的重要实践成果,我国生态文明建设发生历史性、转折性、全局性变化。习近平法治思想强调在法治下推进改革、在改革中完善法治,明确科学立法是处理改革和法治关系的重要环节,要求重大改革于法有据、及时把改革成果上升为法律制度。生态环境法典在系统总结新时代生态文明体制改革成果的基础上,提炼规律性认识,将一系列经过实践检验、卓有成效的改革成果以法典形式系统地固定下来,夯实全面推进美丽中国建设的制度基础。这既是习近平生态文明思想实践结晶的法律化,实现从法律上确保党对美丽中国建设的全面领导,有效破除部门利益和地方保护主义的干扰;也是践行习近平法治思想,坚持改革和法治相统一相协调的具体体现,必将推进生态环境治理体系和治理能力现代化,有力提升生态环境治理效能。

Safeguarding ecological well-being and rights in the form of a code manifests the people-centered fundamental stance. Xi Jinping Thought on Ecological Civilization emphasizes adhering to ecological measures that benefit, advantage, and serve the people. Xi Jinping Thought on the Rule of Law stresses guaranteeing citizens’ basic political rights to participate in democratic elections, democratic consultations, democratic decision-making, democratic management, and democratic oversight, as well as safeguarding citizens’ rights in economic, cultural, social, environmental, and other spheres. The compilation of the ecological environment code consistently upholds the people-centered fundamental stance, taking as its direction the response to the people’s new expectations and demands, shifting from “longing for adequate food and clothing” to “longing for environmental protection,” and from “striving for survival” to “striving for ecology.” On the one hand, it takes safeguarding public health and ecological environmental rights and interests as the legislative purpose, adheres to a problem-oriented, goal-oriented, and results-oriented approach, makes clear provisions for solving prominent ecological and environmental problems that the people strongly reflect upon, and uses rule-of-law thinking and rule-of-law methods to ensure that the people live in a safe and beautiful environment, continuously enhancing ecological well-being and filling the law with the warmth of people’s livelihood. On the other hand, it safeguards and expands the people’s relevant rights and interests in participating in ecological and environmental governance. The ecological environment code makes provisions for information disclosure and public participation, better realizing citizens’ rights to be informed, to participate, to express, and to oversee, making the people’s sense of gain, happiness, and security more substantial, more guaranteed, and more sustainable. Compiling the ecological environment code is a vivid practice of the Party’s original aspiration and founding mission in ecological civilization construction, fully demonstrating the sincere people-oriented sentiment of Xi Jinping Thought on Ecological Civilization and Xi Jinping Thought on the Rule of Law.

将生态福祉、权益以法典形式加以保障,彰显以人民为中心的根本立场。习近平生态文明思想强调坚持生态惠民、生态利民、生态为民。习近平法治思想强调保障公民参与民主选举、民主协商、民主决策、民主管理、民主监督等基本政治权利,保障公民经济、文化、社会、环境等各方面权利。生态环境法典编纂始终秉持以人民为中心的根本立场,将回应人民群众从“盼温饱”到“盼环保”、从“求生存”到“求生态”的新期待新要求作为努力方向。一方面,将保障公众健康和生态环境权益作为立法目的,坚持问题导向、目标导向、结果导向,对解决人民群众反映强烈的突出生态环境问题作出明确规定,用法治思维和法治方式确保人民群众生活在安全、优美的环境中,不断增进生态福祉,使法律充满民生温度。另一方面,保障和拓展公民参与生态环境治理的相关权益。生态环境法典就信息公开与公众参与作出规定,更好实现公民的知情权、参与权、表达权、监督权,让人民群众的获得感、幸福感、安全感更加充实、更有保障、更可持续。编纂生态环境法典是党的初心使命在生态文明建设中的生动践行,充分展现了习近平生态文明思想、习近平法治思想的真挚为民情怀。

The Inheritance, Development, and Jurisprudential Sublimation of Excellent Traditional Chinese Legal Culture and Ecological Culture

中华优秀传统法律文化与生态文化的传承发展与法理升华

Looking back on the glorious history of Chinese civilization, from the *Canon of Laws* [1]1 The *Canon of Laws* (法经) is traditionally considered the first written legal code in Chinese history, compiled by Li Kui in the state of Wei during the Warring States period (c. 5th–3rd centuries BCE). and the *Tang Code* [2]2 The *Tang Code* (唐律疏议) was the comprehensive legal code of the Tang dynasty (618–907 CE), highly influential on later Chinese and East Asian legal systems. to the *Great Qing Legal Code* [3]3 The *Great Qing Legal Code* (大清律例) was the last imperial legal code of China, in effect from the Qing dynasty (1644–1912) until the early Republic., the compilation of codes has always been an important symbol of the enduring and unique Chinese legal system; from Confucianism, Daoism to Legalism, “unity of heaven and humanity” [4]4 “Unity of heaven and humanity” (天人合一) is a core concept in traditional Chinese philosophy, particularly Confucian and Daoist, emphasizing the harmonious relationship between the natural world and human society. and “the Dao follows nature” [5]5 “The Dao follows nature” (道法自然) is a key principle from the Daoist classic *Dao De Jing*, meaning that the Way (Dao) operates spontaneously and in accordance with its own nature. have always been cultural roots fused into the marrow of the Chinese nation, ensuring its endless vitality. The ecological environment code is rooted in the fertile cultural soil of Chinese civilization, uses scientific legislative theory, complete legislative principles, and a systematic legislative framework to safeguard the ecological and environmental foundation for the sustainable development of the Chinese nation, embodies the rule-of-law wisdom of creatively transforming and innovatively developing excellent traditional Chinese legal culture and ecological culture, and promotes Chinese rule-of-law civilization to radiate vigorous vitality in the New Era.

回顾中华文明的辉煌历史,从《法经》《唐律疏议》到《大清律例》,编纂法典始终是中华法系绵延不绝、独树一帜的重要标志;从儒家、道家到法家,“天人合一”“道法自然”从来是中华民族融于骨髓、生生不息的文化根脉。生态环境法典植根中华文明深厚文化沃土,以科学的立法理论、完备的立法原则、系统的立法架构守护中华民族永续发展的生态环境根基,体现了创造性转化、创新性发展中华优秀传统法律文化和生态文化的法治智慧,推动中华法治文明在新时代焕发蓬勃生机。

From “the integration of all laws” to a “domain-type code,” the legal culture and legislative technique of “compiling codes in times of prosperity” are inherited and promoted. [6]6 “Compiling codes in times of prosperity” (盛世修典) is a traditional Chinese concept referring to the practice of major legal codification during periods of national strength and stability, seen as a hallmark of good governance. In ancient China, a legal culture was formed in which, at each prosperous era, the state’s codes and institutions were revised, collated, and compiled in order to govern the present and serve as a model for later generations. Ecological and environmental legislation itself has the character of a “domain law,” which is problem-oriented and comprehensively employs various legal adjustment means, fitting the form of “the integration of all laws” in traditional Chinese codes. The compilation of an ecological and environmental code, on the basis of inheriting the code-compiling concepts of “embodying the Way in technique” and “combining rites and law” and the code-compiling methods of “grouping by category” and “assembling categories into chapters” from the Chinese legal system, promotes innovation and development in legislative technique in response to the needs of the times. Facing a system of ecological and environmental legal institutions that includes more than 30 laws, over 100 administrative regulations, and over 1,000 local regulations, we make full use of the modern code-compiling method of “extracting common factors” and the model of “moderate codification” to carry out the compilation of a “domain-type code” that comprehensively employs administrative, civil, and criminal means to protect the ecological environment. In particular, the general provisions of the ecological and environmental code, as the universal institutional norms in the ecological and environmental field, refine, abstract, and unify the common and foundational systems scattered across more than 30 separate laws, stipulating important legal principles and foundational, comprehensive, and universal legal institutions in the ecological and environmental field, thereby laying the foundation for forming a rule system that is internally unified, logically self-consistent, and structurally rigorous. This systematic integration fundamentally avoids the situation of separate laws “treating the head when the head aches and the foot when the foot hurts,” “each fighting its own battle,” or even conflicting with one another, greatly enhancing the systematic nature, holism, synergy, and timeliness of ecological and environmental legislation. It is the inheritance and innovation in the contemporary era of the legislative wisdom and legal culture of the Chinese legal system, which pursues “taking the code as the guide” and “having the code and the rules.”

从“诸法合体”到“领域型法典”,传承弘扬“盛世修典”的法律文化与立法技术。古代中国形成了每逢盛世修订、整理、编纂国家典章制度,以资治于今、垂范后世的法律文化。生态环境立法本身具有以问题为导向、综合运用各种法律调整手段的“领域法”特征,契合中国传统法典“诸法合体”形制。生态环境法典编纂在传承中华法系“寓道于术”“礼法合治”的编典理念及“以类相从”“集类为篇”的编典方法基础上,结合时代需要推动立法技术创新发展。面对涵盖30多部法律、100多件行政法规、1000多件地方性法规在内的生态环境法律制度体系,我们充分利用“提取公因式”的现代编典方法和“适度法典化”模式,进行综合运用行政、民事、刑事手段保护生态环境的“领域型法典”编纂。特别是生态环境法典总则编作为生态环境领域的通用性制度规范,将分散在30多部单行法中的共通性、基础性制度予以提炼、抽象和统一,规定生态环境领域的重要法律原则和基础性、综合性、普遍性的法律制度,为形成内在统一、逻辑自洽、结构严谨的规则体系奠定基础。这种系统化整合,从根本上避免了单行法“头痛医头、脚痛医脚”“各自为战”甚至相互冲突的情况,极大提升了生态环境立法的系统性、整体性、协同性、时效性,是中华法系追求“以典为纲”“有典有则”的立法智慧、法律文化在当代的传承与创新。

From philosophical thought to legal concepts, the ecological wisdom and cultural tradition of “mastering the mandate of Heaven and using it” and “assisting Heaven and Earth in their transformation and nourishment” are creatively transformed. [7]7 “Mastering the mandate of Heaven and using it” (制天命而用之) is a phrase from the Confucian philosopher Xunzi (c. 310–c. 235 BCE), advocating active human engagement with nature rather than passive submission. “Assisting Heaven and Earth in their transformation and nourishment” (赞天地之化育) is from the Confucian classic *The Doctrine of the Mean*, describing the sage’s role in harmonizing with cosmic processes. An ecological and environmental code is a product of modern rule of law. The compilation of an ecological and environmental code is not simply a matter of writing the rich ecological wisdom and cultural traditions formed by the Chinese nation since ancient times into law; rather, it is a matter of carrying out modern transformation, legal expression, and institutional construction on the basis of careful screening. It transcends the anthropocentric view of law, takes as its root the ecological philosophical thought contained in the excellent traditional Chinese ecological culture, such as “the unity of Heaven and humanity,” “the Dao follows nature,” and “benevolence toward people and love for all things,” inherits the ecological wisdom of “taking only what is needed,” and the ecological ethics of “I urge you, sir, not to strike the spring birds, for their young await their return in the nest.” It activates the concept of the “ecological environment” in the Constitution, and on this basis, derives a core group of legal concepts such as ecological and environmental rights and interests, ecological and environmental protection, ecological and environmental impact assessment, ecological and environmental damage compensation, and ecological and environmental public interest litigation. These concepts link together the chapter structure, management systems and mechanisms, legal responsibilities, and relief systems of the ecological and environmental code, forming a Chinese autonomous discourse system of ecological and environmental law that expresses major concepts such as the view of nature that mountains, rivers, forests, farmlands, lakes, grasslands, and deserts are a community of life, the value of harmony between humanity and nature, and the development concept that lucid waters and lush mountains are invaluable assets. This not only demonstrates the advanced nature and leading role of the code, reflecting ecological care and the pursuit of intergenerational equity responsible for the Earth’s community of life and future generations, but also enables ancient ecological wisdom such as “mastering the mandate of Heaven and using it” and “assisting Heaven and Earth in their transformation and nourishment” to leap from philosophical thought to legal concepts and even institutional forms in the 21st-century Chinese rule-of-law practice, radiating powerful cultural vitality.

从哲学思想到法律概念,创造性转化“制天命而用之”“赞天地之化育”的生态智慧与文化传统。生态环境法典是现代法治的产物。生态环境法典编纂,并不是简单地将中华民族自古以来形成的丰富生态智慧和文化传统写入法律,而是在认真甄别的基础上进行现代性转化、法律化表达与制度化建构。它超越人类中心主义法律观,以“天人合一”“道法自然”“仁民爱物”等中华优秀传统生态文化蕴含的生态哲学思想为根脉,传承“取用有度”的生态智慧,以及“劝君莫打三春鸟,儿在巢中望母归”的生态伦理,激活宪法中的“生态环境”概念,并以此为基础,衍生出生态环境权益、生态环境保护、生态环境影响评价、生态环境损害赔偿、生态环境公益诉讼等核心法律概念群,连缀起生态环境法典的篇章结构、管理体制机制、法律责任与救济制度,形成表达山水林田湖草沙是生命共同体的自然观、人与自然和谐共生的价值观、绿水青山就是金山银山的发展观等重大理念的中国自主的生态环境法律话语体系。这不仅展现了法典的先进性和引领性,体现出对地球生命共同体和未来世代负责的生态关怀与代际公平追求,而且使“制天命而用之”“赞天地之化育”等古老的生态智慧在21世纪的中国法治实践中实现了从哲学思想到法律概念乃至制度形态的跃升,焕发出强大的文化生命力。

A major measure to perfect the socialist rule-of-law system with Chinese characteristics from the ecological and environmental aspect

从生态环境方面完善中国特色社会主义法治体系的重大举措

The compilation of an ecological and environmental code is aimed at resolving deep-seated contradictions such as the fragmentation of ecological and environmental legislation and the constraints on governance effectiveness. Through the systematic integration, compilation, revision, and sublimation of China’s existing ecological and environmental legal institutional mechanisms, rules, and norms, and by carrying out necessary institutional innovations to adapt to new situations and new requirements, a codified rule system is formed. This is a major measure to fully implement the provisions, principles, and spirit of the Constitution and to perfect the socialist rule-of-law system with Chinese characteristics from the ecological and environmental aspect. China will form an ecological and environmental legal institutional system with the ecological and environmental code as the guide and relevant specialized laws as components, enabling the socialist rule-of-law system with Chinese characteristics to keep pace with the times and become more scientifically complete, unified, and authoritative.

编纂生态环境法典是为了解决生态环境立法分散、治理效能受到制约等深层次矛盾,通过对我国现有的生态环境法律制度机制和规则规范进行系统整合、编订纂修、集成升华,适应新形势新要求进行必要的制度创新,形成法典化的规则体系。这是全面贯彻宪法规定、宪法原则、宪法精神,从生态环境方面完善中国特色社会主义法治体系的重大举措。我国将形成以生态环境法典为统领,相关专门法律共同组成的生态环境法律制度体系,使中国特色社会主义法治体系与时俱进,更加科学完备、统一权威。

Implement constitutional provisions, resolve the problem of legislative fragmentation, and promote a “chemical reaction” between different legal rules. China’s Constitution stipulates the goal of “building China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful,” determines the function of “the state protects and improves the living environment and the ecological environment,” and grants the State Council the authority to lead and manage the construction of an ecological civilization, laying the constitutional foundation for the compilation of an ecological and environmental code. The ecological and environmental code, based on the Constitution, targets problems such as overlap, duplication, conflict, and insufficient linkage in some laws. It systematically integrates and innovatively assembles relevant rules scattered across different legal departments such as administrative law and economic law. Following the theoretical and practical logic of ecological and environmental protection, it constructs a “general provisions, pollution prevention and control, ecological protection, green and low-carbon development, legal liability, and supplementary provisions” structure of “general-specific-general” in five parts. This enables the vast body of ecological and environmental legislation to achieve a shift from “physical integration” to a “chemical reaction,” greatly enhancing the scientific nature, systematic nature, stability, and authority of ecological and environmental legislation. It provides stable legal expectations and clear behavioral guidance for all types of subjects, laying a solid rule foundation for comprehensively promoting strict law enforcement, impartial justice, and law-abiding by all.

贯彻宪法规定,解决立法分散问题,促进不同法律规则产生“化学反应”。我国宪法规定“把我国建设成为富强民主文明和谐美丽的社会主义现代化强国”的目标,确定“国家保护和改善生活环境和生态环境”的职能,赋予国务院领导和管理生态文明建设的职权,为编纂生态环境法典奠定了宪法基础。生态环境法典以宪法为依据,针对部分法律存在的交叉重复、矛盾冲突、衔接不足等问题,将分散在行政法、经济法等不同法律部门的相关规则进行系统整合、集成创新,按照生态环境保护的理论逻辑与实践逻辑,建构“总则、污染防治、生态保护、绿色低碳发展、法律责任和附则”的“总—分—总”五编制结构,使内容庞大的生态环境立法实现从“物理整合”到发生“化学反应”,极大增强了生态环境立法的科学性、体系性、稳定性、权威性,为各类主体提供稳定的法律预期和清晰的行为指引,为全面推进严格执法、公正司法、全民守法奠定坚实的规则基础。

Break down interest barriers, dismantle regional fragmentation, and help build a synergistic and efficient multi-stakeholder governance pattern. The construction of an ecological civilization is a profound revolution involving modes of production, lifestyles, ways of thinking, and values, and it entails a readjustment of the interest relationships among the state, collectives, and individuals. Compiling an ecological and environmental code means, through a systematic institutional arrangement, scientifically adjusting various complex interest relationships among people, between people and society, and between people and nature, to achieve the sustainable development of the Chinese nation. The ecological and environmental code targets practical problems such as multiple enforcement agencies, multi-level enforcement, and difficulties in regional coordination. It breaks down barriers of departmental interests and regional fragmentation, constructs institutional mechanisms for the integrated protection and systematic governance of mountains, rivers, forests, farmlands, lakes, grasslands, and deserts, and maximally balances the two demands of economic and social development for protecting the ecological environment and utilizing natural resources. It promotes the shift of ecological and environmental governance from element-based governance to systematic governance, facilitates coordination and cooperation between different departments and regions, and achieves the simultaneous advancement of high-quality development and high-level protection. The ecological and environmental code embodies a reformist mindset of using scientific concepts to consolidate ecological consensus, breaking governance bottlenecks through institutional innovation, and protecting reform exploration through forward-looking provisions. It provides a strong legal guarantee for forming a “big environmental protection” pattern characterized by clear guidance, scientific decision-making, powerful implementation, effective incentives, multi-stakeholder participation, and benign interaction.

打破利益藩篱,破解地域分割,助力构建协同高效的多方共治格局。生态文明建设是一场涉及生产方式、生活方式、思维方式和价值观念的深刻变革,涉及国家、集体、个人利益关系的重新调整。编纂生态环境法典,就是通过体系化的制度安排,科学调整人与人、人与社会、人与自然等各种复杂利益关系,实现中华民族永续发展。生态环境法典针对多头执法、多层级执法、区域联动困难等实践问题,打破部门利益、地域分割壁垒,建构山水林田湖草沙一体化保护和系统治理体制机制,最大限度地平衡经济社会发展对保护生态环境和利用自然资源的两种需求,推动生态环境治理从分要素治理转向系统治理,促进不同部门、不同地区协同配合,实现高质量发展和高水平保护同步推进。生态环境法典体现了以科学理念凝聚生态共识、以制度创新突破治理瓶颈、以前瞻规定保护改革探索的改革思维,为形成导向清晰、决策科学、执行有力、激励有效、多方参与、良性互动的“大环保”格局提供坚强法律保障。

Fill institutional shortcomings, perfect the liability system, and weave a tight legal net of strict source prevention, strict process control, and strict consequence punishment. The ecological and environmental code targets problems in previous legislation, such as emphasizing pollution prevention and control while neglecting ecological protection, emphasizing end-of-pipe treatment while neglecting source prevention, emphasizing administrative orders while neglecting market regulation, and low costs for violations versus high costs for compliance. It adheres to the principle of simultaneously addressing shortcomings, weaknesses, and gaps while improving quality, strengthening functions, and leveraging advantages, and carries out a systematic upgrade of current relevant legal institutions. It perfects source prevention institutions such as ecological and environmental zoning control and ecological and environmental impact assessment, and establishes the core position of the pollutant discharge permit system in the supervision and management of fixed pollution sources. It ensures ecological security by stipulating systems for ecological and environmental risk assessment, monitoring and early warning, and control. It promotes green and low-carbon development by establishing legal mechanisms such as carbon footprint management, reflecting timeliness and foresight. It establishes and perfects a system of legal liability, making violators bear huge costs for their illegal acts; it clarifies procedures for pursuing legal liability, and perfects the ecological and environmental damage compensation system and the ecological and environmental public interest litigation system with distinct Chinese characteristics, thereby equipping the ecological and environmental code with “teeth” for effective implementation.

补齐制度短板,完善责任体系,织密源头严防、过程严管、后果严惩的法律之网。生态环境法典针对以往部分立法存在的重污染防治、轻生态保护,重末端治理、轻源头预防,重行政命令、轻市场调节,违法成本低、守法成本高等问题,坚持补短板、强弱项、填空白和提质量、强功能、扬优势并举,对现行相关法律制度进行系统性升级。完善生态环境分区管控、生态环境影响评价等源头预防制度,确立排污许可制在固定污染源监督管理制度中的核心地位。保障生态安全,规定生态环境风险评估、监测预警和管控制度。促进绿色低碳发展,建立碳足迹管理等法律机制,体现时代性、前瞻性。建立健全法律责任体系,让违法者承受巨大违法成本;明确法律责任追究程序,完善具有鲜明中国特色的生态环境损害赔偿制度、生态环境公益诉讼制度,为生态环境法典有效实施装上“牙齿”。

A model work that contributes Chinese wisdom and Chinese solutions and leads global environmental governance

贡献中国智慧中国方案、引领全球环境治理的典范之作

General Secretary Xi Jinping has pointed out: “When the ecology thrives, civilization thrives; when the ecology declines, civilization declines.” [8]8 A classical Chinese saying, often cited by Xi Jinping, emphasizing the interdependence between ecological health and civilizational prosperity. Ecological and environmental issues such as climate change, biodiversity loss, and environmental pollution are severe challenges that all of humanity must confront together. The Ecological and Environmental Code stands at the global high ground of ecological and environmental rule-of-law construction, grasps the laws of the development of ecological civilization, draws on the wisdom and concepts of China’s excellent traditional legal culture and ecological culture, and learns from the legislative experience of various countries on ecological and environmental matters. It is a major achievement of world codification in the 21st century and an important product of the institutionalization and codification of a new form of human civilization, contributing Chinese wisdom and Chinese solutions to leading global environmental governance.

习近平总书记指出:“生态兴则文明兴,生态衰则文明衰。”气候变化、生物多样性减少、环境污染等生态环境问题是全人类必须共同面对的严峻挑战。生态环境法典站在生态环境法治建设的全球制高点,把握生态文明发展规律,汲取中华优秀传统法律文化和生态文化的智慧和理念,借鉴各国生态环境立法经验,是21世纪世界法典编纂的重大成果和人类文明新形态制度化、法典化的重要产物,为引领全球环境治理贡献中国智慧和中国方案。

It provides a Chinese paradigm of “moderate codification” for ecological and environmental legislation in various countries. From a global perspective, countries differ in their choice of paradigm for ecological and environmental legislation. Among those that have already enacted codes, many are medium-sized developed countries like France, Sweden, and Italy. A country like China, as the world’s second-largest economy, with a population of over 1.4 billion, complex and diverse ecological and environmental problems, and in the rapid development stage of new industrialization, informatization, urbanization, and agricultural modernization—the world’s largest developing country—adopting a systematic approach to codify an Ecological and Environmental Code is unprecedented in the world. China has not only included all existing relevant laws within the scope of codification but has also proposed a “moderate codification” plan, forming a new model of codification that adjusts the relationship between the two complex giant systems of human society and natural ecology. This model embodies the code’s targeted nature, applicability, and operability while maintaining openness, compatibility, and adaptability to address new problems, providing a legal template that other developing countries and even developed countries can draw on to solve complex ecological and environmental problems through codification.

为各国生态环境立法提供“适度法典化”的中国范式。从世界范围看,各国对生态环境立法的范式选择并不相同。已制定法典的国家,不少是类似法国、瑞典、意大利这样的中等规模发达国家。像中国这样作为世界第二大经济体,拥有14亿多人口,生态环境问题复杂多样,正处于新型工业化、信息化、城镇化、农业现代化快速发展阶段的世界最大发展中国家,采用体系化方式编纂生态环境法典,在世界上绝无仅有。中国不仅将所有现行相关法律纳入编纂范围,而且提出了“适度法典化”的编纂方案,形成一种新的调整人类社会、自然生态两大复杂巨系统关系的法典编纂模式,既体现法典的针对性、适用性、可操作性,又保持应对新问题的开放性、兼容性、适应性,为其他发展中国家乃至发达国家以编纂法典方式解决复杂生态环境问题提供可资借鉴的法律范本。

It provides a Chinese solution for global environmental governance that assumes the responsibility and demonstrates the commitment of a major country. The Ecological and Environmental Code adheres to the coordinated advancement of domestic rule of law and foreign-related rule of law, actively fulfills China’s international obligations in ecological and environmental protection, and fully leverages the state’s principal role in the implementation of international law. On the one hand, it clearly stipulates the strengthening of international cooperation in the ecological and environmental field, the fulfillment of obligations under international treaties, and the implementation of the relevant requirements of international environmental conventions that China has ratified, such as the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change, into the code, clearly signaling to the international community that China is a steadfast defender, participant, and builder of international rules. On the other hand, it strengthens the construction of foreign-related legal systems and improves the extraterritorial jurisdiction rules of the Ecological and Environmental Code, both to safeguard national sovereignty and national ecological and environmental interests and to provide a legal basis for protecting common human heritage such as the high seas. Furthermore, systems established on the basis of China’s successful practice in building an ecological civilization, such as the realization of ecological product value, regional coordinated governance, and ecological and environmental public interest litigation, also play a leading role in the development and improvement of relevant international rules and in promoting the transformation of the global environmental governance system.

为全球环境治理提供承担大国责任、展现大国担当的中国方案。生态环境法典坚持统筹推进国内法治和涉外法治,积极履行我国在生态环境保护方面的国际义务,充分发挥国家在国际法实施中的主体作用。一方面,明确规定加强生态环境领域的国际合作,履行国际条约义务,将中国已批准的《生物多样性公约》《联合国气候变化框架公约》等国际环境公约的相关要求落实到法典中,向国际社会清晰表明,中国是国际规则的坚定维护者、参与者和建设者。另一方面,加强涉外法律制度建设,完善生态环境法典的域外管辖规则,既维护国家主权和国家生态环境利益,也为保护公海等人类共同家园提供法律依据。此外,基于我国生态文明建设成功实践而建立健全的生态产品价值实现、区域协同治理、生态环境公益诉讼等制度,也对相关国际规则发展完善、推动全球环境治理体系变革具有引领作用。

It provides Chinese wisdom for jointly building a clean and beautiful world through harmony between humanity and nature. To some extent, ecological and environmental problems are the product of traditional industrial civilization and the ecological philosophy behind it of “conquering nature” and “subject-object dichotomy.” Facts have proven that traditional industrial civilization cannot achieve sustainable development; a new form of human civilization must be created. The Ecological and Environmental Code constructs a system of rules based on the philosophical foundation that “humanity and nature are a community of life,” [9]9 A core concept in Xi Jinping Thought on Ecological Civilization, positing that humanity and nature are interdependent and should coexist harmoniously. promoting the construction of Chinese-path modernization characterized by harmony between humanity and nature, following a path of civilized development featuring production development, affluent living, and sound ecology. It transcends traditional industrial civilization and meets the practical needs of building a global ecological civilization. This is not only an institutional contribution to the global environmental governance system but also provides important inspiration for exploring a development philosophy and civilizational paradigm that meets the needs of global sustainable development. The Ecological and Environmental Code, a monumental work that embodies the spirit of the times, the expectations of the people, and Chinese wisdom, uses a comprehensive codification approach to promote the resolution of common, comprehensive, or universal problems in the ecological and environmental field that constrain high-quality development and high-level protection. It will inevitably become a powerful legal engine driving the modernization of harmony between humanity and nature, pushing human rule-of-law civilization and global ecological civilization to new heights of development.

为共建清洁美丽世界提供人与自然和谐共生的中国智慧。某种程度上,生态环境问题是传统工业文明及其背后“征服自然”“主客二分”的生态哲学的产物。事实证明,传统工业文明不能实现可持续发展,必须创造人类文明新形态。生态环境法典以“人与自然是生命共同体”为哲学基础建构规则体系,推动建设人与自然和谐共生的中国式现代化,走生产发展、生活富裕、生态良好的文明发展道路,超越了传统工业文明,契合了建设全球生态文明的现实需要,不仅是对全球环境治理体系的制度贡献,也为探索适应全球可持续发展需要的发展哲学与文明范式提供了重要启示。生态环境法典这部凝聚着时代精神、人民期盼和中国智慧的鸿篇巨制,以集大成的法典化方式推动解决生态环境领域制约高质量发展与高水平保护的共性、综合性或者普遍性问题,必将成为推进人与自然和谐共生的现代化的强劲法治引擎,把人类法治文明和全球生态文明推向新的发展高度。

(The author is Vice Chairman of the Environment and Resources Protection Committee of the National People’s Congress.)

(作者为全国人大环境与资源保护委员会副主任委员)

Notes

  1. The *Canon of Laws* (法经) is traditionally considered the first written legal code in Chinese history, compiled by Li Kui in the state of Wei during the Warring States period (c. 5th–3rd centuries BCE). ↩
  2. The *Tang Code* (唐律疏议) was the comprehensive legal code of the Tang dynasty (618–907 CE), highly influential on later Chinese and East Asian legal systems. ↩
  3. The *Great Qing Legal Code* (大清律例) was the last imperial legal code of China, in effect from the Qing dynasty (1644–1912) until the early Republic. ↩
  4. “Unity of heaven and humanity” (天人合一) is a core concept in traditional Chinese philosophy, particularly Confucian and Daoist, emphasizing the harmonious relationship between the natural world and human society. ↩
  5. “The Dao follows nature” (道法自然) is a key principle from the Daoist classic *Dao De Jing*, meaning that the Way (Dao) operates spontaneously and in accordance with its own nature. ↩
  6. “Compiling codes in times of prosperity” (盛世修典) is a traditional Chinese concept referring to the practice of major legal codification during periods of national strength and stability, seen as a hallmark of good governance. ↩
  7. “Mastering the mandate of Heaven and using it” (制天命而用之) is a phrase from the Confucian philosopher Xunzi (c. 310–c. 235 BCE), advocating active human engagement with nature rather than passive submission. “Assisting Heaven and Earth in their transformation and nourishment” (赞天地之化育) is from the Confucian classic *The Doctrine of the Mean*, describing the sage’s role in harmonizing with cosmic processes. ↩
  8. A classical Chinese saying, often cited by Xi Jinping, emphasizing the interdependence between ecological health and civilizational prosperity. ↩
  9. A core concept in Xi Jinping Thought on Ecological Civilization, positing that humanity and nature are interdependent and should coexist harmoniously. ↩