ISSN 1008-2204
CN 11-3979/C
DU Qun, DING Ning. Status and Development of Natural Resources Law in the Codification of Environmental Law[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2022, 35(3): 39-51. DOI: 10.13766/j.bhsk.1008-2204.2022.0295
Citation: DU Qun, DING Ning. Status and Development of Natural Resources Law in the Codification of Environmental Law[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2022, 35(3): 39-51. DOI: 10.13766/j.bhsk.1008-2204.2022.0295

Status and Development of Natural Resources Law in the Codification of Environmental Law

  • The appropriate codification of environmental law based on the its systematization needs to consider the integration of nature and ecology protection law, natural resources law and environment protection law (pollution prevention law). And the compilation of environmental code under study now should reflect the whole picture of the environmental law including natural resources law. From the standpoint of "integration theory of environmental law", natural resources law plays an essential role in the process of codification of environmental law. The codification form under the "appropriate codification" model determines that the general provisions of the environmental code have a leading regulatory effect on the special provisions and special regulations. In addition, under the guidance of the holistic view of the environment, the general provisions of environmental code ought to cover the legislative concept and basic principles of natural resources law, and general rules of the basic legal system to embrace the specific provisions of the environmental code related to the natural resources protection law, and natural resources development and management laws attached to the environmental code in the form of special laws under the "appropriate codification" model.
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