Lawyers’ Legal Services for Developing an Ecological Civilization
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2. Legal sources: a continuously improving legal system
Since the first meeting of the 13th National People’s Congress voted and passed the
Amendments to the Constitution of the People’s Republic of China, which includes the
new development vision, the vision of ecological civilization and the requirements
for building a beautiful China into the Constitution, China’s legal system for ecological conservation has gradually taken shape. Article 9 of the “General Principles”
of the Civil Law stipulates the “green principle,” making environmental protection
one of the basic principles of the Civil Law and opening a channel for applying the
Civil Law to environmental and resources protection. Since the 18th CPC National
Congress, China has formulated and revised nearly ten laws governing ecological
and environmental protection, and countless related judicial interpretations, administrative regulations, departmental rules, local regulations and rules, environmental
standards and provisions on environmental legal responsibilities.
3. Administration: scientific administrative methods
According to the Measures for the Accountability of Party and Government Leading
Officials for Ecological and Environmental Damage (Trial) issued in August 2015,
a lifetime accountability system for ecological and environmental damage is implemented, under which local Party committees and governments at all levels are responsible for the protection of the ecological environment and resources in their jurisdiction, the main leadership of the Party committee and government concerned are the
main responsible persons, and other leading officials concerned take responsibilities
according to the scope of their duties. Since the central inspection system for environmental protection was put into practice in January 2016, China has seen unprecedented intensity in inspection and problem solving. While effectively solving a lot
of prominent widely-concerned environmental problems, it has also promoted the
transformation and upgrading of local industries and improved local mechanisms for
environmental protection and ecological conservation. On the whole, China’s knowledge about and practice in environmental protection is undergoing historic, defining
and holistic changes. In March 2018, the Ministry of Ecology and Environment
was established as part of the reform of the Party’s and government’s organizational
structure. It is tasked with the centralized regulation of the discharge of pollutants
into the ecological environment and urban and rural areas and administrative law
enforcement. By centralizing the once-devolved functions, it will see to it that there
are no blind spots in supervision, administration, and governance, and exercise more
scientific administration.
4. Judicial remedies: increasingly diversified channels of judicial remedies
First of all, judicial organs provide strong judicial services and support for
promoting ecological progress and green development by punishing environmental
and resources crimes and trying environmental cases such as environmental infringements, environmental civil public interest lawsuits filed by social organizations,
environmental public interest lawsuits filed by procuratorial organs, environmental
671
2. Legal sources: a continuously improving legal system
Since the first meeting of the 13th National People’s Congress voted and passed the
Amendments to the Constitution of the People’s Republic of China, which includes the
new development vision, the vision of ecological civilization and the requirements
for building a beautiful China into the Constitution, China’s legal system for ecological conservation has gradually taken shape. Article 9 of the “General Principles”
of the Civil Law stipulates the “green principle,” making environmental protection
one of the basic principles of the Civil Law and opening a channel for applying the
Civil Law to environmental and resources protection. Since the 18th CPC National
Congress, China has formulated and revised nearly ten laws governing ecological
and environmental protection, and countless related judicial interpretations, administrative regulations, departmental rules, local regulations and rules, environmental
standards and provisions on environmental legal responsibilities.
3. Administration: scientific administrative methods
According to the Measures for the Accountability of Party and Government Leading
Officials for Ecological and Environmental Damage (Trial) issued in August 2015,
a lifetime accountability system for ecological and environmental damage is implemented, under which local Party committees and governments at all levels are responsible for the protection of the ecological environment and resources in their jurisdiction, the main leadership of the Party committee and government concerned are the
main responsible persons, and other leading officials concerned take responsibilities
according to the scope of their duties. Since the central inspection system for environmental protection was put into practice in January 2016, China has seen unprecedented intensity in inspection and problem solving. While effectively solving a lot
of prominent widely-concerned environmental problems, it has also promoted the
transformation and upgrading of local industries and improved local mechanisms for
environmental protection and ecological conservation. On the whole, China’s knowledge about and practice in environmental protection is undergoing historic, defining
and holistic changes. In March 2018, the Ministry of Ecology and Environment
was established as part of the reform of the Party’s and government’s organizational
structure. It is tasked with the centralized regulation of the discharge of pollutants
into the ecological environment and urban and rural areas and administrative law
enforcement. By centralizing the once-devolved functions, it will see to it that there
are no blind spots in supervision, administration, and governance, and exercise more
scientific administration.
4. Judicial remedies: increasingly diversified channels of judicial remedies
First of all, judicial organs provide strong judicial services and support for
promoting ecological progress and green development by punishing environmental
and resources crimes and trying environmental cases such as environmental infringements, environmental civil public interest lawsuits filed by social organizations,
environmental public interest lawsuits filed by procuratorial organs, environmental