22
Z. Lv
the modern sense.
1 In 1972, China sent its first delegation after it claimed its lawful
seat in the United Nations to participate in the United Nations Conference on the
Human Environment (the Stockholm Conference) and then in 1973, it promulgated
its first environmental protection administrative regulation, embarking on the path
of dedicated environmental protection legislation around the same time as the rest of
the world. Since then, China has actively participated in environmental affairs at the
United Nations and offered proposals for global environmental governance. It has
also been exploring effective ways to promote environmental rule of law with Chinese
characteristics, vigorously supporting environmental legislation and law enforcement, and encouraging public participation. The country has made remarkable strides
in this area.
(1) Environmental legislation in China started in a difficult period (1949–
1979)
After the founding of the People’s Republic of China, the Chinese government began
promoting economic development in a planned manner. This period saw economic
ups and downs as well as the beginning of environmental legislation in China.
China’s environmental legislation started at roughly the same time as many other
countries.
2 First, the Chinese government established state ownership of natural
resources and promulgated relevant laws and regulations. The 1954 Constitution
stipulates that the ownership of mines, waters, and forests, wasteland and other
natural resources that are state-owned vest in the people. From 1951 to 1959, the
Chinese government promulgated the Interim Regulations of the People’s Republic
of China on the Mining Industry, Regulations on Government Land Acquisitions,
Interim Regulations on the Protection of Mineral Resources, Factory Safety and
Sanitation Regulations, Interim Guidelines for Soil and Water Conservation of the
People’s Republic of China, Drinking Water Quality Regulations and other relevant
laws and regulations. Second, the Chinese government enacted administrative regulations on environmental protection. In August 1973, the first national environmental
1 From a global perspective, many countries have had laws concerning nature and the environment
since ancient times. For example, in China, the law of the Shang Dynasty stipulated that the hands
of anyone who dumped ashes on a street would be chopped off. However, although these laws did
have the effect of protecting the environment, they were not specifically designed for this purpose.
Therefore, scholars of jurisprudence do not regard them as environmental legislation. A consensus
in the academic circle is that the concept of environmental protection in the modern sense was
first put forward in the Stockholm Declaration on the Human Environment; “environmental law”
in the modern sense is a law aimed at protecting the environment formulated by human beings on
the basis of re-understanding the relationship between man and nature. For example, the National
Environmental Policy Act of 1969 enacted by the United States is one of such environmental laws.
2 On June 11, 1972, People’s Daily published an article (on the 5th page) titled “The head of
the Chinese delegation made a speech at the United Nations Conference on the Human Environment and expounded China’s propositions on environmental issues,” which the first news report
on environmental protection in China. On June 16, 1972, People’s Daily published an article (on
the second page) titled “Economic Development and Environmental Protection,” arguing that the
Chinese government should attach equal importance to economic development and environmental
protection. Because of these understandings, China’s focus was on the control of industrial waste
when it first started promoting environmental legislation.
Z. Lv
the modern sense.
1 In 1972, China sent its first delegation after it claimed its lawful
seat in the United Nations to participate in the United Nations Conference on the
Human Environment (the Stockholm Conference) and then in 1973, it promulgated
its first environmental protection administrative regulation, embarking on the path
of dedicated environmental protection legislation around the same time as the rest of
the world. Since then, China has actively participated in environmental affairs at the
United Nations and offered proposals for global environmental governance. It has
also been exploring effective ways to promote environmental rule of law with Chinese
characteristics, vigorously supporting environmental legislation and law enforcement, and encouraging public participation. The country has made remarkable strides
in this area.
(1) Environmental legislation in China started in a difficult period (1949–
1979)
After the founding of the People’s Republic of China, the Chinese government began
promoting economic development in a planned manner. This period saw economic
ups and downs as well as the beginning of environmental legislation in China.
China’s environmental legislation started at roughly the same time as many other
countries.
2 First, the Chinese government established state ownership of natural
resources and promulgated relevant laws and regulations. The 1954 Constitution
stipulates that the ownership of mines, waters, and forests, wasteland and other
natural resources that are state-owned vest in the people. From 1951 to 1959, the
Chinese government promulgated the Interim Regulations of the People’s Republic
of China on the Mining Industry, Regulations on Government Land Acquisitions,
Interim Regulations on the Protection of Mineral Resources, Factory Safety and
Sanitation Regulations, Interim Guidelines for Soil and Water Conservation of the
People’s Republic of China, Drinking Water Quality Regulations and other relevant
laws and regulations. Second, the Chinese government enacted administrative regulations on environmental protection. In August 1973, the first national environmental
1 From a global perspective, many countries have had laws concerning nature and the environment
since ancient times. For example, in China, the law of the Shang Dynasty stipulated that the hands
of anyone who dumped ashes on a street would be chopped off. However, although these laws did
have the effect of protecting the environment, they were not specifically designed for this purpose.
Therefore, scholars of jurisprudence do not regard them as environmental legislation. A consensus
in the academic circle is that the concept of environmental protection in the modern sense was
first put forward in the Stockholm Declaration on the Human Environment; “environmental law”
in the modern sense is a law aimed at protecting the environment formulated by human beings on
the basis of re-understanding the relationship between man and nature. For example, the National
Environmental Policy Act of 1969 enacted by the United States is one of such environmental laws.
2 On June 11, 1972, People’s Daily published an article (on the 5th page) titled “The head of
the Chinese delegation made a speech at the United Nations Conference on the Human Environment and expounded China’s propositions on environmental issues,” which the first news report
on environmental protection in China. On June 16, 1972, People’s Daily published an article (on
the second page) titled “Economic Development and Environmental Protection,” arguing that the
Chinese government should attach equal importance to economic development and environmental
protection. Because of these understandings, China’s focus was on the control of industrial waste
when it first started promoting environmental legislation.