Development of Environmental Law in China: 1978-2013

Prof. Dr. Qin TianbaoResearch Institute of Environmental Law

Wuhan University

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Table of Contents

1.Environmental Problems in China

2. “Big picture” Overview of Environmental Law in China

3. Progress and Problems of Environmental Law in China

4. Trends of Development

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1. Environmental Problems in China

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1.Environmental Problems in China

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2. “Big Picture” Overview

1. Historic Development

2. Legal Framework

3. Administrative Structure

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2. “Big Picture” Overview-Historic Development

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2. “Big Picture” Overview 1. Historic Development - Timeline(1) Preliminary and Starting stage : 1978-1982 1978 Constitutional law 1979 Environmental Protection Law (for trail)

(2) Developing and Forming Stage: 1982-1999 1982 Constitutional law 1989 Environmental Protection Law

(3) Improvement and Reform Stage: 1999-2008 The Development in Constitutional Law Amendment and enactment of environmental law Macro-policy

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2. “Big Picture” Overview

2. Legal Framework (1)

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2. “Big Picture” Overview 2. Legal Framework (2)Constitutional Law (1982) Art.26: The state shall protect and improve the living environment and ecological environment, and prevent pollution and other public nuisance. Art.9: two kinds of ownership for natural resources Environmental Protection Law (1989) made lots of institutional innovations, signing that Chinese environmental law comes into a new stage (quasi-basic environmental law) China made mangy achievements in fields of both pollution control and natural conservation, and formed a system of environmental law.

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2. “Big Picture” Overview 2. Legal Framework (3) : Progress & Problem Progress: It has been an independent legal department. It has formed an

system with the Environment Protection Law as a core and containing the subsections of pollution prevention law, nature resources use and management law, land remediation law, nature disaster restoration law ,etc.

Problem: On one hand, the legal system of Chinese environmental law needs further development. For example, the 1989 Environment Protection Law has many disadvantages in both its enacting organ and main content.

On the other hand, there are some internal conflicts between the different environmental laws, especially the laws which were enacted earlier.

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National People's Congress

State Council

Environment and Resources Protection Committee

Environment Protection Minister

Provincial Municipal and

Rural Environment Protection Committee

MunicipalMunicipal and

Rural Environment Protection Committee

Municipal and Rural

Environment Protection

Committee at County Level

Provincial Environmental

Protection Bureau

Municipal EPB

EPB at County Level

Relevant sections

Relevant sections

Relevant sections

Environment Protection Committee under the State Council （ abolished in199

8）Relevant sections such as land,

forestry and water resources ministries

3. Administrative Structure for

Environmental Protection in

P.R.China

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2. “Big Picture” Overview

3. Administrative Structure (2)1974-1982: Environment Protection Leading Group1982-1988: Construction Ministry-Environment

Protection Department1988-1998: National Environmental Protection

Agency (NEPA, Vice ministry level)1998-2008: State Environmental Protection

Administration (SEPA, ministry level)2008-now: Ministry of Environment Protection-MEP

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2. “Big Picture” Overview 3. Administrative Structure (3):Progress & Problem Progress: China has established an administrative

system, where the National People's Congress legislates and supervises, the government enforces. And the unified administration and management combines with division of responsibility, centralized regulation combines with local administration.

Problem: The duty among different departments conflicted and intersected, which is aggravated by the lack of leadership between them. Thus it leads to the “mission creep” competition and buck passing.

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3. The Progress and Problems

1. Fundamental Principles

2. Legal Regimes

3. Enforcement

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3. The Progress and Problems

1. Fundamental Principles

(1) progress

The idea of sustainable development has permeated into every aspect of daily life and become the guiding ideology in development environmental law. In past years the concepts of prevention and precaution, polluter pays and public participation has been introduced into environmental law and become its principles.

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3. The Progress and Problems

(2) Problem

The guiding ideology and principle keeps in tough with the shift of national policy and development strategy in China, which may affect the stability and the authority of environmental law.

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3. The Progress and Problems

2. Legal Regimes(1) Progress

The classic conclusion: the old three (EIA, Three-Simultaneous Regulation, Pollution charge); the new five (pollutant discharging license, centralized pollution control , undertaking treatment within a prescribed limit of time )

New emphasis: environmental tax and charges, integrated eco-system management, cleaner production, payment for environmental services

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3. The Progress and Problems

(2) ProblemThere are only abstract regulations but not practical

and operational rules. Eg. The SEA, post-evaluation are not contained in 2002 Environment Impact Assessment Law. This is also true with the regime of payment for environmental services.

This is also the main reason of the bad achievements of effectiveness of these legal regimes

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3. The Progress and Problems

3. Enforcement(1) progressChinese environmental legal system has come into a

new stage when it lays as much importance in legislation as in enforcement. The effectiveness is improved significantly. And to some extent such administrative system has solved environmental problems. Especially since 2000, the environment enforcement has lead the system construction to a higher level, eg. “EIA Storms”.

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3. The Progress and Problems

(2) problem decentralization of the horizontal authorities separation of environmental protection departments

in vertical direction Shortage of enforcement personnel, equipment and

fund, etc. Reason: Local protectionism; esp. the power of funding and

personnel belongs to local government; The economical benefits, for example, the pursuit of

GDP.

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4. Trends of Development 1. Scientific and Economic Incentives Scientific technology and economic incentives will play a

more important role in environmental law. 2. Public Participation: Civil right progress will strengthen supervision to

environmental law enforcement. 3. Environmental Enforcement: Judicial department will play more important role in

environmental protection . 4. Internationalization of Environmental Law: International cooperation spurs stricter environmental

legislation.

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Thank you !