JIANGHAN ACADEMIC ›› 2024, Vol. 43 ›› Issue (2): 118-128.doi: 10.16388/j.cnki.cn42-1843/c.2024.02.012

Previous Articles    

Applicability and Limitation of“Mention Common Factor”Legislation Technology in Environmental Codification

ZHOU Yibo   

  1. School of Law,University of Chinese Academy of Social Sciences,Beijing 102488
  • Received:2023-08-28 Online:2024-04-15 Published:2024-04-01

Abstract: Because of the result-oriented“total-sub structure,”the legislation technology of mentioning common factor caters to the urgent expectations of improving the systemic problems of the current environmental law itself and“moderating”the system pattern of environmental code,thus forming a value myth. As a mathematical method,the mention common factor method must be subject to the mathematical logic and limitations. The functional essence of the method is identical deformation,and the common factor as a technical result has established legitimacy,natural fixity,and objective independence,but it is not conducive to the purpose of legal reform of the environmental code. A law expresses the normative meaning through sentences,which determines that the application of the mention common factor method cannot be separated from the analysis of legal texts. Environmental law texts with arbitrary and linear characteristics are different from mathematical symbols with independent significance;the incomplete laws,the use of pronouns,and non-linguistic factors in environmental law texts can hardly be included in factor sets as the objects to extract the common factors. The analyses of the purposiveness of this technology concludes that the legislation technology of extracting common factor cannot satisfy the purpose and value need of environmental codification.

Key words: environmental code, appropriate codification, mention common factor method, legislative technique, legal text

CLC Number: