中国地质大学学报(社会科学版）

《生态环境法典》作为我国首次领域法典的立法尝试，与作为部门法的《民法典》存在责任条款重合，引发《生态环境法典》是否可作为民事裁判法源，以及如何作为民事裁判法源的疑问。民法法源最初仅被限定于民事基本法，后逐步扩展至广义法律中的民事规范、习惯法等。《生态环境法典》作为一部公私融合的领域法典，既包含作为特别私法的民事条款，也包括民事条款所引致的公法条款，能够作为民法法源。根据《生态环境法典》与《民法典》相关法条之间的关系，《生态环境法典》条文若为对《民法典》相关条文的重述，可适用双法源或以《生态环境法典》为准；若为补充，则应适用《生态环境法典》条文；若与《民法典》相关条文冲突，一般应适用《生态环境法典》条文，并应积极消解法律冲突；若为《民法典》相关条文所引致的公法条文，则需依双法源共同适用。

The Ecological and Environmental Code, as China's first attempt at codifying legislation within a specific field, overlaps with the Civil Code—a departmental law—in terms of liability provisions, raising questions as to whether the Ecological and Environmental Code can serve as a source of civil judgment and, if so, how it may function as such. Sources of civil law was initially confined to the basic civil law, and gradually expanded to include civil norms and customary law in a broader sense of law. As a code of field law that integrates public and private sectors, the Ecological and Environmental Code encompasses both civil provisions as special private law and public law provisions resulting from civil provisions, making it capable of serving as a source of civil law. According to the relationship between the relevant provisions of the Ecological and Environmental Code and the Civil Code, if the provisions of the Ecological and Environmental Code are restatements of the relevant provisions of the Civil Code, both legal sources may be applied or the Ecological and Environmental Code may be applied itself. If it is a supplement, the provisions of the Ecological and Environmental Code shall apply. If there is a conflict with the relevant provisions of the Civil Code, the provisions of the Ecological and Environmental Code should generally be applied, and efforts should be made to actively resolve legal conflicts. If the public law provisions are derived from the relevant provisions of the Civil Code, they shall be applied in accordance with both legal sources.