Environmental Legislation in the Past 70 Years
29
on administrative orders, regional law enforcement, and post-event supervision. It
clearly defined the rights and responsibilities of the government, enterprises, and
individuals in environmental protection and established a modern environmental
governance system characterized by joint governance by multiple parties, crossregional law enforcement, and society-wide participation. On the one hand, governments and environmental protection authorities at all levels were granted powers
of supervision and law enforcement. On the other hand, the People’s Congress got
to supervise local governments; disclosure to the public of environmental protection assessment results became a performance indicator for government officials;
a strict administrative accountability system for environmental protection authorities was also established. Second, in the past, the environmental law enforcement
authorities only supervised enterprises. Now, their job covers both enterprises and
government bodies. In response to such an expansion of the regulation scope of
environmental laws from enterprises to governments and from cities to rural areas,
the Ministry of Ecology and Environment promulgated over 50 regulations, standards, and guidelines to support the implementation of the Environmental Protection
Law (Revision) and clarify the responsibilities of law enforcement authorities and
the rights and obligations of persons and entities, improved law enforcement procedures, established law enforcement mechanisms, and increased the transparency of
environmental law enforcement. In the meanwhile, the central government rolled
out green accounting, environmental auditing, party and government responsibility
synchronization and lifelong accountability reform programs, strengthened environmental inspection, and prompted government bodies and enterprises to perform
their environmental protection obligations and responsibilities by conducting interviews, approving quota, and fostering accountability. Third, the Chinese government
encouraged environmental law enforcement institutions to collaborate. While authorizing environmental and natural resources management institutions to supervise
and manage the ecological environment and natural resources, the law also stipulates the functions and powers of the relevant departments, requiring each department
to clearly divide labor within its mandatory scope of power, and establish communication, cooperation, and coordination mechanisms to promote interdepartmental
collaboration in law enforcement. At present, the Ministry of Ecology and Environment, the Ministry of Natural Resources and relevant departments have established coordination mechanisms for transfer of environmental violation cases, joint
release of technical guidelines, pre-notification of public interest litigation with judicial authorities, environmental administrative consultation and litigation and other
work. These mechanisms have played an important role in promoting the effective
implementation of environmental law.
3. An environmental justice system that reflects the wisdom of the Chinese
people
With the establishment of the first dedicated environmental court in 2007 and the
establishment of the environmental resources tribunal in 2014 by the Supreme
People’s Court, judicial specialization in environmental law in the country picked
up pace. In the past years, under the guidance of Xi Jinping Thought on Ecological
29
on administrative orders, regional law enforcement, and post-event supervision. It
clearly defined the rights and responsibilities of the government, enterprises, and
individuals in environmental protection and established a modern environmental
governance system characterized by joint governance by multiple parties, crossregional law enforcement, and society-wide participation. On the one hand, governments and environmental protection authorities at all levels were granted powers
of supervision and law enforcement. On the other hand, the People’s Congress got
to supervise local governments; disclosure to the public of environmental protection assessment results became a performance indicator for government officials;
a strict administrative accountability system for environmental protection authorities was also established. Second, in the past, the environmental law enforcement
authorities only supervised enterprises. Now, their job covers both enterprises and
government bodies. In response to such an expansion of the regulation scope of
environmental laws from enterprises to governments and from cities to rural areas,
the Ministry of Ecology and Environment promulgated over 50 regulations, standards, and guidelines to support the implementation of the Environmental Protection
Law (Revision) and clarify the responsibilities of law enforcement authorities and
the rights and obligations of persons and entities, improved law enforcement procedures, established law enforcement mechanisms, and increased the transparency of
environmental law enforcement. In the meanwhile, the central government rolled
out green accounting, environmental auditing, party and government responsibility
synchronization and lifelong accountability reform programs, strengthened environmental inspection, and prompted government bodies and enterprises to perform
their environmental protection obligations and responsibilities by conducting interviews, approving quota, and fostering accountability. Third, the Chinese government
encouraged environmental law enforcement institutions to collaborate. While authorizing environmental and natural resources management institutions to supervise
and manage the ecological environment and natural resources, the law also stipulates the functions and powers of the relevant departments, requiring each department
to clearly divide labor within its mandatory scope of power, and establish communication, cooperation, and coordination mechanisms to promote interdepartmental
collaboration in law enforcement. At present, the Ministry of Ecology and Environment, the Ministry of Natural Resources and relevant departments have established coordination mechanisms for transfer of environmental violation cases, joint
release of technical guidelines, pre-notification of public interest litigation with judicial authorities, environmental administrative consultation and litigation and other
work. These mechanisms have played an important role in promoting the effective
implementation of environmental law.
3. An environmental justice system that reflects the wisdom of the Chinese
people
With the establishment of the first dedicated environmental court in 2007 and the
establishment of the environmental resources tribunal in 2014 by the Supreme
People’s Court, judicial specialization in environmental law in the country picked
up pace. In the past years, under the guidance of Xi Jinping Thought on Ecological