生态环境法典视域下的环境污染法律规制转型OACHSSCD

Prior to the codification and promulgation of The Ecological and Environmental Code of The PRC the fragmented legal regulation for environmental pollution through separate laws gradually exposed inherent predicaments,including the fragmentation of regulatory targets,the incongruity of regulatory processes,the redundancy of regulatory instruments,and a lag in regulatory scope.The Pollution Prevention and Control Part of The Ecological and Environmental Code of The PRC achieves the transformation of the legal regulation of environmental pollution by adjusting regulatory targets,linking regulatory processes,integrating regulatory instruments,and expanding the regulatory scope.This transformation reflects a fundamental shift in China's pollution prevention and control law:from reductionism to systematology,from complexity to systematization,and from harm prevention to risk precaution.Moving forward,the implementation of the Pollution Prevention and Control Part of The Ecological and Environmental Code of The PRC should focus on three primary aspects:First,the systematization of supporting norms for pollution prevention and control,including the revision and updating of existing supporting institutional norms,as well as the supplementation of new ones.Second,the improvement of collaborative mechanisms for pollution prevention and control,encompassing collaboration among administrative organs,as well as between administrative organs,supervisory organs,adjudication organs and inspection authorities.Third,the coordination between pollution prevention and control and normative frameworks in other fields,including ecological protection and green and low-carbon development.