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Z. Lv
transitioned from the control of industrial waste to the development of ecological
civilization. With the promulgation of the 1978 Constitutional Amendment, the 2018
Constitutional Amendment, Environmental Protection Law (Trial) (1979) and Environmental Protection Law (Amendment) (2014) and the adoption of national strategies concerning environmental protection, the coordination between environmental
protection and economic development, scientific outlook on development and green
development, the value orientation of the Chinese government from development to
environmental protection. Second, the scope of environmental legislation expanded
from pollution control to ecological security. After the environmental legal system
with the Environmental Protection Law at the core and natural resource conservation
and pollution prevention as the main tasks has roughly taken shape, the Chinese
government worked to accelerate legislation on ecological security, and paid more
attention to the environmental legislation system. It incorporated ecological security
into the National Security Law as an important part of the overall national security
system, and provided for the “green principle” and added relevant content into the
General Principles of Civil Law.
4 Third, the overall goal of environmental legislation has transitioned from the control of urban pollution and pollution by enterprises
to sustainable development. China’s environmental pollution spread from urban to
rural areas and environmental problems became more and more serious. In response
to this, the overall goal of China’s environmental legislation shifted from controlling
urban pollution and pollution by enterprises to promoting sustainable development
and clarifying the government’s responsibilities for the environment. In the Environmental Protection Law revised in 2014, “promoting the development of ecological
civilization and sustainable economic and social development” was established as the
legislative purpose. The government also established an environmental monitoring
system, laying the foundation for the formulation and revision of more specific laws.
2. An environmental law enforcement system that best fits China’s national
conditions
After the State Council set up the Environmental Protection Leadership Group in
1973, China’s environmental protection law enforcement system underwent many
changes. The national environmental governance authority changed from the Environmental Protection Bureau of the Ministry of Urban and Rural Development to
the Ministry of Ecology and Environment and the Ministry of Natural Resources.
The national environmental law enforcement authority was upgraded to a higher
status, and their functions were strengthened with more diverse legal means. Overall,
China embarked on an environmental law enforcement path that best fits its national
conditions. First, the law enforcement model shifted from administrative control
to governance by multiple parties. From Environmental Protection Law to more
than 30 specialized environmental legislations, China shifted away from its reliance
4 In March 2017, General Principles of Civil Law was approved at the Fifth Session of the 12th
National People’s Congress. It stipulates that “All individuals and entities shall use resources in
a sustainable manner and protect the environment when interacting with each other” (Chapter I,
Article 9), which is called the “green principle.” This provision is of great significance for regulating
natural resource development and utilization activities and ensuring ecological safety.
Z. Lv
transitioned from the control of industrial waste to the development of ecological
civilization. With the promulgation of the 1978 Constitutional Amendment, the 2018
Constitutional Amendment, Environmental Protection Law (Trial) (1979) and Environmental Protection Law (Amendment) (2014) and the adoption of national strategies concerning environmental protection, the coordination between environmental
protection and economic development, scientific outlook on development and green
development, the value orientation of the Chinese government from development to
environmental protection. Second, the scope of environmental legislation expanded
from pollution control to ecological security. After the environmental legal system
with the Environmental Protection Law at the core and natural resource conservation
and pollution prevention as the main tasks has roughly taken shape, the Chinese
government worked to accelerate legislation on ecological security, and paid more
attention to the environmental legislation system. It incorporated ecological security
into the National Security Law as an important part of the overall national security
system, and provided for the “green principle” and added relevant content into the
General Principles of Civil Law.
4 Third, the overall goal of environmental legislation has transitioned from the control of urban pollution and pollution by enterprises
to sustainable development. China’s environmental pollution spread from urban to
rural areas and environmental problems became more and more serious. In response
to this, the overall goal of China’s environmental legislation shifted from controlling
urban pollution and pollution by enterprises to promoting sustainable development
and clarifying the government’s responsibilities for the environment. In the Environmental Protection Law revised in 2014, “promoting the development of ecological
civilization and sustainable economic and social development” was established as the
legislative purpose. The government also established an environmental monitoring
system, laying the foundation for the formulation and revision of more specific laws.
2. An environmental law enforcement system that best fits China’s national
conditions
After the State Council set up the Environmental Protection Leadership Group in
1973, China’s environmental protection law enforcement system underwent many
changes. The national environmental governance authority changed from the Environmental Protection Bureau of the Ministry of Urban and Rural Development to
the Ministry of Ecology and Environment and the Ministry of Natural Resources.
The national environmental law enforcement authority was upgraded to a higher
status, and their functions were strengthened with more diverse legal means. Overall,
China embarked on an environmental law enforcement path that best fits its national
conditions. First, the law enforcement model shifted from administrative control
to governance by multiple parties. From Environmental Protection Law to more
than 30 specialized environmental legislations, China shifted away from its reliance
4 In March 2017, General Principles of Civil Law was approved at the Fifth Session of the 12th
National People’s Congress. It stipulates that “All individuals and entities shall use resources in
a sustainable manner and protect the environment when interacting with each other” (Chapter I,
Article 9), which is called the “green principle.” This provision is of great significance for regulating
natural resource development and utilization activities and ensuring ecological safety.