Journal of Shanghai University (Social Science Edition) ›› 2026, Vol. 43 ›› Issue (4): 15-28.
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Published:
Abstract:
The autonomous knowledge system of the policy science of environmental law in China is an essential component of the autonomous knowledge system of Chinese environmental law. Underpinned by the general principles of legal policy, the conceptual contours of invironmental legal policy are becoming increasingly well-defined. In terms of disciplinary positioning, it is subsumed under environmental law within the broader discipline of jurisprudence. In the practical domain, this discipline holds that the operational practice of environmental policies cannot be detached from the political system, whereas the operation of environmental law should be rigidly bounded by the legal system. Regarding research tasks, the policy science of environmental law focuses on constructing a threefold relationship: the policy orientation of environmental law, the legalization of environmental policy, and the legitimacy justification of environmental policy. Specifically, the policy orientation of environmental law aims not only at to enhance the flexibility of environmental law, but also to achieve a scientific construction of environmental legal norms oriented towards policy science. Conversely, the legalization of environmental policy must comprehensively address the standards and requirements for transforming environmental policies into environmental laws, which vary
depending on the distinctions between policy oriented and regulatory environmental legal provisions. Furthermore, the substantive legitimacy justification of environmental policy seeks to achieve the“self-justification”of environmental policies in compliance with the normative logic of law, under the premise of keeping their fundamental functions intact.
Key words: autonomous knowledge system of the policy science of environmental law in China, autonomous knowledge system of Chinese environmental law, environmental policy, environmental law
CLC Number:
D912.6
GUO Wu.
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https://www.jsus.shu.edu.cn/EN/Y2026/V43/I4/15