关键词: 生态环境法典, 生态保护编, 生态破坏, 环境污染, 法律概念

Abstract:

The conceptual definition of "ecological destruction" constitutes a fundamental theoretical premise in the codification of the Ecological Environment Code. Due to the absence of a clear definition in current legislation, judicial practice has long relied on doctrinal interpretation, resulting in difficulties such as ambiguity in identifying the regulatory object, confusion regarding behavioral intent, and disorder in typological classification during application. Under the dual-structure framework of the "Pollution Control Part" and the "Ecological Protection Part," "ecological destruction" should function as the primary regulatory object of ecological protection, reflecting both typological independence and normative coherence. Its normative definition should be constructed along two dimensions: the "structure and function of ecosystems" and "non-pollution-based destructive behavior," specifically defined as:"In the course of production and daily life, directly or indirectly altering, impairing, or disrupting the structure and function of ecosystems through non-pollution means, thereby causing or potentially causing harmful impacts, of a nature sufficient to undermine ecological balance, endanger ecological security, or damage the ecological environment."On this basis, this paper proposes a codification strategy involving: a definition clause to unify terminology, textual revision to clarify application boundaries, and the refinement of responsibility provisions to ensure doctrinal consistency.

Key words: Ecological Environment Code, ecological protection part, ecological destruction, environmental pollution, legal concept