《生态环境法典》系统治理原则的法理逻辑与体系构造OACHSSCD

Guided by Xi Jinping Thought on Ecological Civilization,China's environmental rule of law is undergoing a fundamental transition towards eco-environmental rule of law.It is experiencing profound transformations in value concepts,legislative models,governance logic,objects of protection,and accountability mechanisms,thereby developing a systematic methodology that treats the ecological environment as an integrated whole for protection and governance.The Ecological and Environmental Code enshrines,in Article 6 of its General Provisions,the principle of systemic governance as a principle with independent normative content,and constructs an internally coherent institutional system that combines universal guidance with normative binding force.At the jurisprudential level,the principle of systemic governance aligns with the five other basic principles—prevention first,ecological priority,green development,public participation,and liability for damage.Taking the integrity of ecosystems as its logical starting point and the carrying capacity of ecosystems as its binding boundary,it realizes a multidimensional balance of values,encompassing ecological security,economic development,and social order,through the integrated protection of mountains,rivers,forests,farmlands,lakes,grasslands,and deserts,coupled with collaborative governance by diverse stakeholders.Under the"moderately codified"approach and the dualsource framework,the principle of systemic governance commands the normative logic of environmental law and coordinates the relationships among various environmental element legislations,both within and outside the Code.This gives rise to an institutional system that integrates the"General Basic Institutions-DivisionWide General Provisions-DivisionSpecific Special Institutions"within the Code with external singleline laws,administrative regulations,and other normative instruments.Characterized by normative coherence,clear hierarchy,and institutional openness,this system ensures comprehensive,wholeprocess,and allterritory governance of ecoenvironmental issues,thereby providing a solid legal foundation and a holistic methodological guide for advancing the Chinese modernization featuring the harmony between humanity and nature.