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我国生态法制建设不断完善的同时生态危机并未改善,说明以传统部门法架构应对实践时的乏力,而解决特定生态问题需要配置各类部门法手段来进行。配置的方法、程序即何微现法律的“主题化”问题,它应当以各部门法的规则作为基本质料,辅之以适度的规则创新和实施过程中组合制度资源的方法创新。这应当通过综合立法、一体化实施、公私合作治理等制度革新,才能实现这一从部门法化向主题法转变的需求。
The ecological crisis has not been improved while the construction of ecological legal system in our country is constantly improving, which shows the weakness in dealing with the practice with the traditional law of the department. To solve the specific ecological problems, various kinds of departmental laws need to be deployed. It should adopt the rules of each department law as the basic material, supplemented by the method innovation of the rules and the innovation of the resources of the combination system in the process of implementation. This should be achieved through the reform of the system of integrated legislation, integrated implementation and public-private cooperation and governance, which can meet the demand of changing from the legal department to the thematic law.