| In the context of codification, the traditional understanding of basic systems of environmental law needs jurisprudential reflections. Basic systems of environmental law are the organic combination of environmental law norms based on common regulatory methods, with broad applicability covering multiple branches of environmental law, value coherence implementing the intrinsic value of environmental law, and normative hierarchy distinguished from special systems of environmental law and systems of relevant branches of law. To enhance intrinsic value coherence, basic systems of environmental law should have a typological structure consisting of objective orientation, direct control, economic incentive, and damage response systems, forming the relationship of sufficiently mutual justification with basic principles of environmental law. Accordingly, the codification should extract the types of basic systems from existing environmental laws, and reform and supplement them on the basis of relevant environmental policies. To ensure the external normative hierarchy, basic systems of environmental law should have a rule structure consisting of rules of definition, right and obligation allocation, system connection, as well as legal responsibility, so as to form a clear normative division of work with other systems inside and outside the environmental law. Accordingly, the codification should prioritize the embodiment of existing basic systems, and then form common rules through abstract refinement, while eliminating duplicated rules in relevant branches of law. |
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