Environmental Legislation in the Past 70 Years
23
protection conference passed the Regulations of the State Council on the Protection and Improvement of the Environment (Draft), and Opinions on Strengthening
Environmental Monitoring and Interim Regulations on Natural Reserves were also
formulated. Third, environmental protection was incorporated in the Constitution.
On March 5, 1978, the First Session of the Fifth National People’s Congress approved
the revision of Article 11, Paragraph 3 of the Constitution of the People’s Republic of
China. The revised article stipulates that the state shall protect the environment and
natural resources and prevent pollution and other public hazards. Fourth, a comprehensive environmental legislation system began to take shape. In September 1979,
the Eleventh Session of the Fifth National People’s Congress passed the Environmental Protection Law of the People’s Republic of China (tentative), which clarified
the objectives, tasks, principles and scope of application of the law, and established
the basic principle that whoever causes the pollution shall bear the responsibility for
treatment and control, and provided for environmental impact assessment, the “three
simultaneous” system, pollution discharge fees, and pollution remediation within
a specified time limit. Apparently, China has learned from the painful lesson of
developed countries which failed to effectively control pollution during their industrialization process, and attached great importance to establishing a legal system that
paid equal attention to both economic development and environmental protection.
3
(2) China’s environmental legal system gradually took shape alongside the
advancement of the economic reform and opening-up (1979–2013)
After the promulgation of the Environmental Protection Law (Trial), China entered
the fast track of environmental legislation. The status of environmental protection as
a basic national policy was recognized in the Constitution. China’s environmental
legal system and environmental governance system began to take shape. Milestones
in environmental legislation during this period are as follows: First, the status of
environmental protection as a basic national policy was inscribed in the Constitution
and a dedicated environmental legislation committee was set up under the country’s
national legislature. Article 9 of the Constitution, revised in 1982, stipulates that
“the state shall promote sustainable use of natural resources and protect endangered animals and plants. No organization or individual may use natural resources
without authorization or damage natural resources.” Article 26 stipulates that “the
state shall protect and improve the living environment and ecological environment,
and prevent pollution and other public hazards.” In March 1993, it was decided
at the First Session of the Eighth National People’s Congress to establish the Environmental Protection Committee (later renamed Environment and Natural Resources
Protection Committee) under the National People’s Congress in the following year to
effectively advance the environmental legislation process. Second, an environmental
3 In December 1978, the Central Committee of the Communist Party of China forwarded the
Summary of the Environmental Protection Work Report of the State Council’s Environmental Protection Leading Group (ZF(1978) No. 79), which pointed out: “Eliminating pollution and protecting
the environment are an important part of China’s efforts to promote the development of socialism
in the country and achieve the four modernizations…We must keep in mind that environmental
pollution is a major obstacle to sustainable development.”
23
protection conference passed the Regulations of the State Council on the Protection and Improvement of the Environment (Draft), and Opinions on Strengthening
Environmental Monitoring and Interim Regulations on Natural Reserves were also
formulated. Third, environmental protection was incorporated in the Constitution.
On March 5, 1978, the First Session of the Fifth National People’s Congress approved
the revision of Article 11, Paragraph 3 of the Constitution of the People’s Republic of
China. The revised article stipulates that the state shall protect the environment and
natural resources and prevent pollution and other public hazards. Fourth, a comprehensive environmental legislation system began to take shape. In September 1979,
the Eleventh Session of the Fifth National People’s Congress passed the Environmental Protection Law of the People’s Republic of China (tentative), which clarified
the objectives, tasks, principles and scope of application of the law, and established
the basic principle that whoever causes the pollution shall bear the responsibility for
treatment and control, and provided for environmental impact assessment, the “three
simultaneous” system, pollution discharge fees, and pollution remediation within
a specified time limit. Apparently, China has learned from the painful lesson of
developed countries which failed to effectively control pollution during their industrialization process, and attached great importance to establishing a legal system that
paid equal attention to both economic development and environmental protection.
3
(2) China’s environmental legal system gradually took shape alongside the
advancement of the economic reform and opening-up (1979–2013)
After the promulgation of the Environmental Protection Law (Trial), China entered
the fast track of environmental legislation. The status of environmental protection as
a basic national policy was recognized in the Constitution. China’s environmental
legal system and environmental governance system began to take shape. Milestones
in environmental legislation during this period are as follows: First, the status of
environmental protection as a basic national policy was inscribed in the Constitution
and a dedicated environmental legislation committee was set up under the country’s
national legislature. Article 9 of the Constitution, revised in 1982, stipulates that
“the state shall promote sustainable use of natural resources and protect endangered animals and plants. No organization or individual may use natural resources
without authorization or damage natural resources.” Article 26 stipulates that “the
state shall protect and improve the living environment and ecological environment,
and prevent pollution and other public hazards.” In March 1993, it was decided
at the First Session of the Eighth National People’s Congress to establish the Environmental Protection Committee (later renamed Environment and Natural Resources
Protection Committee) under the National People’s Congress in the following year to
effectively advance the environmental legislation process. Second, an environmental
3 In December 1978, the Central Committee of the Communist Party of China forwarded the
Summary of the Environmental Protection Work Report of the State Council’s Environmental Protection Leading Group (ZF(1978) No. 79), which pointed out: “Eliminating pollution and protecting
the environment are an important part of China’s efforts to promote the development of socialism
in the country and achieve the four modernizations…We must keep in mind that environmental
pollution is a major obstacle to sustainable development.”