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Y. Dong
and content of ecological civilization, the central government has started to deploy
the reform of the system for developing an ecological civilization on all fronts, and
specify the top-level design of the institutional framework.
(1) The ecological damage compensation system
In 2015, the CPC Central Committee and the State Council successively issued
two programmatic documents: the Opinions of the CPC Central Committee and the
State Council on Accelerating Ecological Progress and Master Plan for Reform of
the System for Developing an Ecological Civilization. The General Office of the
CPC Central Committee and the General Office of the State Council issued the
Pilot Reform Plan for the Environmental Damage Compensation System and the
Reform Plan for the Environmental Damage Compensation System in 2015 and
2017, respectively, and gradually established an environmental compensation system
nationwide.
(2) The central inspection system for ecological and environmental protection
Starting from the pilot project in Hebei Province in January 2016, the central
environmental protection inspection team has completed the first round of inspections on ecological and environmental protection in 31 provinces (autonomous
regions, municipalities) and the Xinjiang Production and Construction Corps, and
re-inspected 20 provinces (autonomous regions), achieving remarkable results. The
General Office of the CPC Central Committee and the General Office of the State
Council issued the Regulations on the Central Inspection on Ecological and Environmental Protection in June 2019. It is the first Party regulation specifying the framework, procedures, powers and responsibilities of the inspection system, and will play
an important role in furthering the inspection work according to law, consolidating
political responsibility for developing an ecological civilization and in building a
beautiful China.
(3) The environmental public interest litigation (EPIL) system
The EPIL system was first stipulated in the Civil Procedure Law revised in 2012. But
it was not promoted widely until the 2015 version of Environmental Protection Law
formally stipulates the qualifications of social organizations that can initiate public
interest litigation. The Decision adopted at the Fourth Plenary Session of the 18th
CPC Central Committee proposes to “explore and establish a system for procuratorial
organs to file public interest litigation.” Authorized by the Standing Committee of the
National People’s Congress, 13 provinces (municipalities directly under the central
government) began to pilot public interest litigation filed by procuratorial organs. In
June 2017, after the NPC Standing Committee revised the Civil Procedure Law and
the Administrative Procedure Law, the system for procuratorial organs to file public
interest litigation was formally established. As an important part of it, the EPIL has
since then been enriched and improved, and has become an important part of China’s
environmental legal system.
Y. Dong
and content of ecological civilization, the central government has started to deploy
the reform of the system for developing an ecological civilization on all fronts, and
specify the top-level design of the institutional framework.
(1) The ecological damage compensation system
In 2015, the CPC Central Committee and the State Council successively issued
two programmatic documents: the Opinions of the CPC Central Committee and the
State Council on Accelerating Ecological Progress and Master Plan for Reform of
the System for Developing an Ecological Civilization. The General Office of the
CPC Central Committee and the General Office of the State Council issued the
Pilot Reform Plan for the Environmental Damage Compensation System and the
Reform Plan for the Environmental Damage Compensation System in 2015 and
2017, respectively, and gradually established an environmental compensation system
nationwide.
(2) The central inspection system for ecological and environmental protection
Starting from the pilot project in Hebei Province in January 2016, the central
environmental protection inspection team has completed the first round of inspections on ecological and environmental protection in 31 provinces (autonomous
regions, municipalities) and the Xinjiang Production and Construction Corps, and
re-inspected 20 provinces (autonomous regions), achieving remarkable results. The
General Office of the CPC Central Committee and the General Office of the State
Council issued the Regulations on the Central Inspection on Ecological and Environmental Protection in June 2019. It is the first Party regulation specifying the framework, procedures, powers and responsibilities of the inspection system, and will play
an important role in furthering the inspection work according to law, consolidating
political responsibility for developing an ecological civilization and in building a
beautiful China.
(3) The environmental public interest litigation (EPIL) system
The EPIL system was first stipulated in the Civil Procedure Law revised in 2012. But
it was not promoted widely until the 2015 version of Environmental Protection Law
formally stipulates the qualifications of social organizations that can initiate public
interest litigation. The Decision adopted at the Fourth Plenary Session of the 18th
CPC Central Committee proposes to “explore and establish a system for procuratorial
organs to file public interest litigation.” Authorized by the Standing Committee of the
National People’s Congress, 13 provinces (municipalities directly under the central
government) began to pilot public interest litigation filed by procuratorial organs. In
June 2017, after the NPC Standing Committee revised the Civil Procedure Law and
the Administrative Procedure Law, the system for procuratorial organs to file public
interest litigation was formally established. As an important part of it, the EPIL has
since then been enriched and improved, and has become an important part of China’s
environmental legal system.