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【GLOBAL TIMES】Draft of China’s first environmental code unveiled; codification to fill legal gap

来源:GLOBAL TIMES   4-29   阅读:
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An aerial drone photo taken on May 16, 2024 shows a tourist boat at the Baita Lake national wetland park in Zhuji City, east China's Zhejiang Province. In recent years, Baita Lake national wetland park has implemented ecological restoration projects to improve the wetland ecological environment and promote the harmonious co-existence between man and nature. (Xinhua/Xu Yu)

China is set to significantly enhance its green initiatives as a draft of the country's first-ever environmental code was unveiled on Sunday at the top legislature. Once enacted, it will become China's second formal statutory code, after the Civil Code, which was adopted in 2020, according to the Xinhua News Agency.

Commenting on the significance of the legislation, a senior environmental law expert told the Global Times on Sunday that codification can facilitate the systematic integration of legislation, fill legislative gaps, elevate the status and authority of ecological and environmental legislation, simplify their execution and compliance, and enhance international exchange and cooperation, bolstering China's legal influence.

According to Xinhua, the draft, submitted to the Standing Committee of the National People's Congress (NPC) for a first reading, comprises 1,188 articles in five chapters:general provisions, pollution prevention and control, ecological protection, green and low-carbon development, legal liability and supplementary provisions. The compilation of the environmental code began in 2023.

The Standing Committee of the 14th NPC is holding its 15th session in Beijing from Sunday to Wednesday, Xinhua reported.

Huang Haihua, a spokesperson for the Legislative Affairs Commission of the NPC Standing Committee, said at a press briefing on Friday that conditions are ripe for compiling the code, which will codify the theoretical, institutional, and practical achievements in ecological civilization since the 18th National Congress of the Communist Party of China in 2012, according to Xinhua.

It also aims to address prominent problems in the environmental sector that hinder high-quality development and protection, he noted.

He added that the need for green and low-carbon development, climate change response, carbon peaking and carbon neutrality have all been considered during the compilation of the code, so as to ensure the code remains contemporary and prospective.

Wang Canfa, a professor at China University of Political Science and Law, also a legal adviser of China's Ministry of Ecology and Environment, told the Global Times on Sunday that drafting the code is a crucial step toward advancing the construction of a beautiful China and promoting the harmonious coexistence of humans and nature within a legal framework.

Wang said that over the past 40 years of reform and opening-up, China has established a vast legal system for ecological and environmental protection. However, the overlapping and sometimes contradictory nature of these laws has increased the institutional costs of implementation. The code will systematically integrate and refine existing legal mechanisms, enhancing the coherence and effectiveness of the ecological and environmental legal framework.

Despite the extensive existing legislation, the complexities of socio-economic development and environmental issues may leave certain areas inadequately regulated. For example, legislation on natural protected areas and climate change response may still be lacking. The codification process can address these gaps, ensuring comprehensive legal coverage for all aspects of ecological and environmental protection, according to Wang.

The code, as a high-level law, will possess greater authority and stability. It will provide clear guiding principles and a foundational framework for legislation and enforcement in the ecological and environmental domain, fostering a legal environment that respects and protects the environment, Wang remarked.

He noted that consolidating these laws into a single code, it will be easier to reference, enforce, and comply with, thereby contributing to the establishment of a rule-of-law state.

Wang also emphasized that a comprehensive environmental code can showcase China's legal achievements and proactive stance in environmental protection, enhancing its voice and influence in global environmental governance.

Compared with international practices, China's environmental codification features unique aspects: a clear value orientation integrating the concept of ecological civilization throughout; explicit legislative goals, which are serving national development strategies; strict normative requirements, which are emphasizing systematization and comprehensiveness; a prominent local characteristic, which is closely aligning with China's national conditions and development stage.

《GLOBAL TIMES》2025年04月27日

链接:https://enapp.globaltimes.cn/article/1332993


编辑 陈睿

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