26
Z. Lv
(3) China ushered in a new era for environmental rule of law (2013–present)
Since the 18th National Congress of the CPC, under the guidance of Xi Jinping
Thought on Ecological Civilization, the Chinese government has elevated ecological civilization development to the strategic height of state governance, and called
on the international community to jointly build a community with a shared future
for mankind. The country has ushered in a new era for environmental rule of law.
The following events are milestones during this period: First, the term ecological
civilization was included in the Constitution. In March 2018, at the first session
of the 13th National People’s Congress, a constitutional amendment was adopted,
providing that “promoting the coordinated development of ecological civilization”
is a fundamental task of the country (the preface) and that providing guidance for the
country’s efforts to build ecological civilization is among the responsibilities of the
State Council (Article 89). Second, environmental laws reflected new concepts. In
2014, after deliberation, the eighth meeting of the Standing Committee of the 12th
National People’s Congress adopted an amendment to the Environmental Protection
Law, which defined Environmental Protection Law as a comprehensive law, made
environmental protection a top priority of the Chinese government, and established
a system of joint governance by multiple parties. In August 2018, the fifth meeting
of the Standing Committee of the 13th National People’s Congress reviewed and
approved the Soil Pollution Prevention and Control Law, which defined the term
“risk prevention” and provided for the protection of the health of citizens. Third,
the reform of the ecological civilization system developed rapidly. Since 2014, the
state has issued more than 40 reform plans involving the development of ecological
civilization, including the Opinions on Accelerating the Development of Ecological Civilization, and the Master Plan for the Reform of the Ecological Civilization
System, making comprehensive and systematic arrangements for the development of
ecological civilization in all aspects, including overall goals, basic concepts, primary
principles, key tasks, and institutional support. The central government established
the Ministry of Ecological Environment and the Ministry of Natural Resources in an
attempt to further improve relevant management systems and mechanisms. Fourth,
remarkable achievements were made in specialized and environmental law enforcement. In July 2014, the Supreme People’s Court established an environment tribunal
to promote dedicated and specialized judicial practices at the national level. As of
December 2018, 1272 specialized environmental courts and tribunals have been set
up across the country to hear environment-related civil cases, criminal cases, and
public interest cases. A 3 + 2 litigation model that handled both traditional and
new litigation types and heard both common and special cases was established. The
Supreme People’s Procuratorate urged procuratorates to play a more active role in
environmental public-interest litigation. In 2018, the Public Interest Litigation Procuratorate of the Supreme People’s Procuratorate was established and corresponding
institutions were also set up at lower levels to handle environment-related public
interest litigations. Fourth, China is becoming an increasingly important participant
in, contributor to, and leader for the development of a global ecological civilization.
In 2015, Chinese President Xi Jinping attended the Paris Climate Conference and
Z. Lv
(3) China ushered in a new era for environmental rule of law (2013–present)
Since the 18th National Congress of the CPC, under the guidance of Xi Jinping
Thought on Ecological Civilization, the Chinese government has elevated ecological civilization development to the strategic height of state governance, and called
on the international community to jointly build a community with a shared future
for mankind. The country has ushered in a new era for environmental rule of law.
The following events are milestones during this period: First, the term ecological
civilization was included in the Constitution. In March 2018, at the first session
of the 13th National People’s Congress, a constitutional amendment was adopted,
providing that “promoting the coordinated development of ecological civilization”
is a fundamental task of the country (the preface) and that providing guidance for the
country’s efforts to build ecological civilization is among the responsibilities of the
State Council (Article 89). Second, environmental laws reflected new concepts. In
2014, after deliberation, the eighth meeting of the Standing Committee of the 12th
National People’s Congress adopted an amendment to the Environmental Protection
Law, which defined Environmental Protection Law as a comprehensive law, made
environmental protection a top priority of the Chinese government, and established
a system of joint governance by multiple parties. In August 2018, the fifth meeting
of the Standing Committee of the 13th National People’s Congress reviewed and
approved the Soil Pollution Prevention and Control Law, which defined the term
“risk prevention” and provided for the protection of the health of citizens. Third,
the reform of the ecological civilization system developed rapidly. Since 2014, the
state has issued more than 40 reform plans involving the development of ecological
civilization, including the Opinions on Accelerating the Development of Ecological Civilization, and the Master Plan for the Reform of the Ecological Civilization
System, making comprehensive and systematic arrangements for the development of
ecological civilization in all aspects, including overall goals, basic concepts, primary
principles, key tasks, and institutional support. The central government established
the Ministry of Ecological Environment and the Ministry of Natural Resources in an
attempt to further improve relevant management systems and mechanisms. Fourth,
remarkable achievements were made in specialized and environmental law enforcement. In July 2014, the Supreme People’s Court established an environment tribunal
to promote dedicated and specialized judicial practices at the national level. As of
December 2018, 1272 specialized environmental courts and tribunals have been set
up across the country to hear environment-related civil cases, criminal cases, and
public interest cases. A 3 + 2 litigation model that handled both traditional and
new litigation types and heard both common and special cases was established. The
Supreme People’s Procuratorate urged procuratorates to play a more active role in
environmental public-interest litigation. In 2018, the Public Interest Litigation Procuratorate of the Supreme People’s Procuratorate was established and corresponding
institutions were also set up at lower levels to handle environment-related public
interest litigations. Fourth, China is becoming an increasingly important participant
in, contributor to, and leader for the development of a global ecological civilization.
In 2015, Chinese President Xi Jinping attended the Paris Climate Conference and