Abstract: The academic debate on the legal status of the independent department of environmental and resource law and the construction of its legal system has been an unavoidable problem for a long time in China. Socialism with Chinese characteristics has entered a new era, and the construction of ecological civilization has been placed in a prominent position in the overall work of the Party and the state, which brings opportunities to thoroughly solve this long-debated theoretical problem. The construction of ecological civilization requires not only the special provisions in the Constitution, but also the environmental resources law to be adjusted and regulated as an independent legal department. In the construction of China’s environmental resources legal system, the formulation of the basic law of environmental resources should be sped up as the leader to take command of the entire environmental resources legal system, and a horizontal system of environmental resources law with ecological environment law and natural resources law divided into two parts be formed in accordance with the institutional arrangements for the reform of the Party and state institutions in 2018.