生态环境法典污染防治编维护生态安全的制度逻辑OACHSSCD

Under the guidance of the holistic approach to national security,"maintaining ecological security"has become one of the core value objectives of the ongoing codification of the Ecological and Environmental Code.The coherence of the codification system,the principles of prevention-first and systemic governance,and the triple legal attributes of ecological security constitute the jurisprudential foundation for the Pollution Prevention and Control Part in maintaining ecological security.An examination of the current standalone pollution prevention laws and the three review drafts of the Ecological and Environmental Code reveals a triple dilemma in ecological security assurance:"value defocus,institutional fragmentation,and risk suspension."The institutional construction for maintaining ecological security in the pollution prevention and control part should follow the institutional logic of a"general provisions-specific provisions"dual-layer framework.General provisions refer to establishing the value status of ecological security,introducing the concept of"ecological health,"and improving foundational and spatial systems in the general principles part.Specific provisions include direct safeguarding systems for maintaining ecological security of elements and indirect safeguarding systems for ecological risk prevention and control.The former involves introducing"ecological security thresholds"into each element-specific sub-part and establishing a two-way feedback mechanism between element governance and overall ecological security.The latter requires improving the governance of emerging pollutants,refining systematic ecological risk prevention and control mechanisms,and creating an ecological security risk inventory.Through this systematic institutional construction,the Pollution Prevention and Control Part can substantively respond to the rule-of-law demands for maintaining ecological security.