生态环境法典中刚性与柔性治理的系统配置及效能实现.

The promotion of ecological civilization necessitates the optimization of environmental governance modes. Rigid and flexible modes of environmental governance differ in their connotations and legalization pathways, but they serve complementary functions. Increasing the proportion of flexible environmental governance mechanisms within the Ecological and Environmental Code while shaping a dualistic pattern integrating both rigid and flexible environmental governance modes represents a necessary and legitimate strategy to meet the demands of ecological civilization construction. The integration of rigid and flexible environmental governance modes into the Ecological and Environmental Code has significant implications in multiple aspects: ① This integration leverages the advantages of rigid and flexible environmental governance, facilitates multi-stakeholder consensus building, maximizes environmental benefits, and promotes comprehensive societal transformation. ② It helps maintain the stability and openness of the internal structure of the Ecological and Environmental Code, reduces the conflict of governance norms, and meets the requirements for building a sound code system. ③ It balances the national and international features of such a Code while enhancing their global influence. The systematic configuration of rigid and flexible environmental governance modes in the Ecological and Environmental Code should follow a holistic overall approach. Each mode should adhere to the principle of ‘moderate codification,’ establish a ‘comprehensive-divisional’ logical framework, and distill and clarify subordinate legal guiding principles as well as an ‘institutional database.’ This process aims to form a ‘dispersed-integrated’ matching pattern for the implementation of the norms. Specific institutions should be assessed on the basis of 'fundamentality' and reasonably arranged in the ‘general provisions’ or sub-provisions, in accordance with the value orientation of each part of the code. The realization of the effectiveness of rigid and flexible environmental governance is the result of the sound operation of the governance institutions within the Ecological and Environmental Code. The safeguard measures for effectiveness realization are reflected in legislation, law enforcement, and judicial proceedings, specifically including: ① Laying the foundation for improved governance effectiveness through internal refinement of governance institutions and transformation of their external characteristics. ② Optimizing the exercise of administrative power, improving the intelligence and discretionary nature of the exercise of power, and facilitating collaboration among governance measures. ③ Identifying the nature of disputes arising in the course of the application of institutions and adopting corresponding dispute resolution procedures so as to effectively configure the responsibilities of the environmental governance. [ABSTRACT FROM AUTHOR]