How do environmental laws safeguard Green China?

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On December 6, 2023, an environmental enforcement team from the Xiamen Municipal Ecological Environment Bureau in southeast China's Fujian Province conducted an on-site inspection at a local rubber industry company. The staff meticulously organized the sampling and testing of the exhaust gases produced during the company's manufacturing processes. The results indicated that the non-methane emissions at a monitoring point exceeded the emission limits set by the "Emission standard of air pollutants for Xiamen" (DB 35/323-2018). This behavior violated Article 18 of the "Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution." Based on China's environmental law, the Ecological Environment Bureau of Xiamen imposed a fine of 123,435 yuan on the company and ordered it to correct the illegal behavior of exceeding the emission standards for air pollutants.

"The strictest regulations and laws must be applied in protecting the environment. Environmental protection must have legal and regulatory backing," this principle was pointed out by China's President Xi Jinping at the National Conference on Environmental Protection on May 18, 2018. Over the past decade or so, President Xi personally planned, proposed, guided and promoted ecological civilization construction and environmental protection, bringing about historic changes in China's ecological environment protection. Currently, more than 20 laws in the field of ecological and environmental protection have been formulated and amended, resulting in the initial formation of a comprehensive, strict and rigorous legal system for ecological and environmental protection in China.

In 2018, the introduction of the Law on Prevention and Control of Soil Contamination filled the legal gap in soil pollution prevention. Together with the Environmental Protection Law, it helped establish a legal system for preventing and controlling pollution across various environmental elements. Known as one of the strictest environmental protection laws, it forms a "trinity" of legal frameworks alongside the Air Pollution Prevention and Control Law and the Water Pollution Prevention and Control Law. Seventeen environmental laws were revised together in 2018.

In 2019, China's Forest Law underwent a major revision, and the Resource Tax Law was also reviewed and passed in the same year.

2020 was a pivotal year for China's battle against solid waste pollution. In April, the revised version of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes was reviewed and passed, detailing penalties for various illegal activities across 23 provisions. In December of the same year, China's first basin-specific legislation, the Yangtze River Protection Law, was reviewed and unanimously passed, marking a breakthrough in both conceptualization and institutional development and is considered a pioneering initiative.

In the same year, the sudden outbreak of the COVID-19 pandemic swept the globe. Against the backdrop of COVID-19 pandemic prevention and control efforts, the Biosecurity Law of China garnered widespread attention. Within just over a year, the Biosecurity Law was passed through deliberation and recognized as a legal framework promoting biotechnology development, addressing biological threats, and preventing biological risks in China.

In 2021, two significant laws were introduced in China. The Wetland Protection Law, which filled a legislative gap in China's ecological conservation efforts, particularly in wetland protection, and the Noise Pollution Prevention and Control Law. These laws not only enriched and enhanced China's ecological civilization institutional framework but also marked a significant step in the country's environmental legislation.

In 2022, the black soil in China also gained dedicated protection through its own legislation, the Black Soil Protection Law. Though considered a "minor law," the Black Soil Protection Law demonstrates a steadfast commitment and proactive stance toward protecting black soil. Following the enactment of the Yangtze River Protection Law, legislation for the Yellow River Protection Law is also progressing, aiming to make another significant mark in basin-specific legislation history. The Yellow River Protection Law was approved on October 30, 2022, and enacted on April 1, 2023.

Wang Haijun, the deputy director of Beijing DHH Law Firm and legal counsel at the Ministry of Ecology and Environment of China, has been practicing law for nearly 20 years, focusing on legal practice in the fields of government legal counsel and environmental protection. Over the past two decades, he has witnessed profound changes and progress in the legal framework of the ecological environment. In the early years, facing the need for environmental pollution control, environmental legislation often existed as isolated laws. These laws were individually independent, had limited coverage, and lacked coordination and connection. For instance, laws such as the Water Pollution Prevention and Control Law and the Air Pollution Prevention and Control Law each addressed specific environmental issues with their respective rules and standards, focusing on pollution control. However, they lacked an overarching framework to guide and integrate these scattered legal resources.

As time has passed, public environmental awareness has gradually strengthened. Guided by President Xi's Thought on Eco-Civilization, legislators have also come to recognize the importance of establishing a comprehensive, integrated and systematic legal framework for an ecological environment. Legislation has shifted its focus from solely environmental pollution control to the holistic protection of the ecological environment. In this process, China's ecological environment legislation has evolved from isolated single-issue laws to a comprehensive, systematic framework. The Yangtze River Protection Law and the Yellow River Protection Law are two examples that illustrate this fact, said Wang.

Wang said under the guidance of the "lucid waters and lush mountains are invaluable assets" concept, the protection, restoration and management of the ecological environment have not only become integral to national strategy but also pivotal in driving sustainable economic and social development. A healthy ecological environment is inherently a valuable resource, generating long-term economic and social benefits for society, which in turn supports further ecological conservation efforts.

The transformation of ecological and environmental protection into productive forces is also evident in the processes of carbon peaking and carbon neutrality. Carbon emission trading and the China Certified Emission Reduction (CCER) mechanism, crucial tools in combating climate change, play a significant role in reducing greenhouse gas emissions and promoting adjustments in economic and energy structures. These initiatives encourage enterprises to innovate technologically to reduce carbon emissions. This involves enhancing current production processes and developing new low-carbon technologies and products. Such innovation-driven efforts not only optimize and upgrade industrial structures but also cultivate new economic growth opportunities, Wang said.

(Cover image via CFP. Cover design by Jia Jieqiong. )