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Li Yanfang: the Pursuit for Ecological Civilization and the Independency of Environmental Law as a Separate Law Department

Abstract: The development of ecological civilization should not only be prescribed by the Constitution, but also be guaranteed by an independent law department systematically and overall. According to the theory of the separation of law departments that keeps subjectiveness with objectiveness and is dominated by subjectiveness, in the objective aspect, environment and resources protection law has independent regulated objects and characteristics which differ from other law departments. In the subject aspect, jurists generally agree with the independency of environment and resources law as a separate law department. After nearly 40 years’ development, environment and resources protection law of China has formed a relatively complete system which is based on Environmental Protection Law of People’s Republic of China and includes comprehensive law, law on prevention and control of pollution, law on protection of resources, law on ecological protection, law on how to deal with uncertain environmental crisis, etc. In the future, it is necessary to integrate law and regulations on environment and resources protection in administrative law and economic law as a separate law department of socialist system of laws with Chinese characteristics on the basis of the completeness, inseparability and integrity of ecological system.


Keywords: ecological civilization; environmental law; resource protection law; law system


(Editor: XU JING)

 
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