9 Chinese Law and Policy on Marine Environmental Protection
161
‘ocean policy is a code of behavior formulated for the national strategy, development plan and external relations related to the oceans.’
70 Influenced by the strategies
discussed above, since 2012 China’s ocean policy presents a key factor that is both the
marine resources development and the marine environment protection have received
sustained attention.
According to the requirements of the 18th National Congress of the CPC, in 2012,
the 12th Five Year Plan for the Development of National Marine Industry
71 and the
Marine Functional Zoning (2011–2020)
72 were issued. The two documents provide a
general policy framework for the scientific and rational utilization of marine resources
and induce the way of utilization of marine resources transformed to conservation
The Marine Functional Zoning put forwards the guiding principle of use of the seas,
which is ‘use of the sea by planning, intensive and ecological use of the sea, scientific
and technological use of the sea and use of the sea by law’.
73 It also sets long-term
goal that by 2020, the total areas of marine protect areas will exceed 5% of the sea
area under China’s national jurisdiction and of which over 11% in the coastal marine
area, the rate of natural coastline retention will not be <35% and the length of the
restored coastline will not be <2000 km.
74
With regards to the marine environmental protection, the latest policy is shaped
by the ideal of ‘ecological civilization progress’. The concept of ecological civilization was first proposed in the 17th National Congress of CPC and was incorporated
in the Constitution of the Communist Party as a guide of action in 2012.
75 At the
Third Plenary Session of 18th Central Committee of CPC, ‘building an ecological
civilization’ was endorsed as a major framework for environmental laws and policies.
76 Ecological civilization progress is aimed to ensure the harmony between
man and nature. It is not only one of the 14 points of the basic strategy of Chinese
socialism,
77 but also a fundamental guidance for the development of ocean environmental protection. To better implement the ecological civilization, the 13th National
Five-year Plan for Marine Economic Development (2016–2020), jointly issued by
70 China Institute for Marine Affairs, China’s Ocean Development Report (2012), Beijing: China
Ocean Press, p. 261.
71 The full text of 12th Five Year Plan for the Development of National Marine Industry is available at
www.gov.cn/xxgk/pub/govpublic/mrlm/201301/t20130117_65866.html, last accessed 25 January
2020.
72 The full text of the Marine Functional Zoning (2011–2020) is available at www.hainu.edu.cn/
stm/nhlaw/2015526/10423417.shtml, last accessed 25 January 2020.
73 ‘SOA issued the Marine Functional Zoning (2011–2020)’, available at http://www.gov.cn/jrzg/
2012-04/25/content_2123467.htm.
74 See supra note 70.
75 ‘Building of an ecological civilization’ was incorporated in the Constitution of the Communist
Party in the 18th Nation Congress of the CPC in 2012.
76 ‘Building of an ecological civilization’ was incorporated in the Constitution of the Communist
Party in the 18th Nation Congress of the CPC in 2012.
77 See ‘Xi Jinping’s Speech at the 19th National Congress of the Communist Party of China’, available at www.xinhuanet.com/english/special/2017-11/03/c_136725942.htm; accessed 26 January
2020.
161
‘ocean policy is a code of behavior formulated for the national strategy, development plan and external relations related to the oceans.’
70 Influenced by the strategies
discussed above, since 2012 China’s ocean policy presents a key factor that is both the
marine resources development and the marine environment protection have received
sustained attention.
According to the requirements of the 18th National Congress of the CPC, in 2012,
the 12th Five Year Plan for the Development of National Marine Industry
71 and the
Marine Functional Zoning (2011–2020)
72 were issued. The two documents provide a
general policy framework for the scientific and rational utilization of marine resources
and induce the way of utilization of marine resources transformed to conservation
The Marine Functional Zoning put forwards the guiding principle of use of the seas,
which is ‘use of the sea by planning, intensive and ecological use of the sea, scientific
and technological use of the sea and use of the sea by law’.
73 It also sets long-term
goal that by 2020, the total areas of marine protect areas will exceed 5% of the sea
area under China’s national jurisdiction and of which over 11% in the coastal marine
area, the rate of natural coastline retention will not be <35% and the length of the
restored coastline will not be <2000 km.
74
With regards to the marine environmental protection, the latest policy is shaped
by the ideal of ‘ecological civilization progress’. The concept of ecological civilization was first proposed in the 17th National Congress of CPC and was incorporated
in the Constitution of the Communist Party as a guide of action in 2012.
75 At the
Third Plenary Session of 18th Central Committee of CPC, ‘building an ecological
civilization’ was endorsed as a major framework for environmental laws and policies.
76 Ecological civilization progress is aimed to ensure the harmony between
man and nature. It is not only one of the 14 points of the basic strategy of Chinese
socialism,
77 but also a fundamental guidance for the development of ocean environmental protection. To better implement the ecological civilization, the 13th National
Five-year Plan for Marine Economic Development (2016–2020), jointly issued by
70 China Institute for Marine Affairs, China’s Ocean Development Report (2012), Beijing: China
Ocean Press, p. 261.
71 The full text of 12th Five Year Plan for the Development of National Marine Industry is available at
www.gov.cn/xxgk/pub/govpublic/mrlm/201301/t20130117_65866.html, last accessed 25 January
2020.
72 The full text of the Marine Functional Zoning (2011–2020) is available at www.hainu.edu.cn/
stm/nhlaw/2015526/10423417.shtml, last accessed 25 January 2020.
73 ‘SOA issued the Marine Functional Zoning (2011–2020)’, available at http://www.gov.cn/jrzg/
2012-04/25/content_2123467.htm.
74 See supra note 70.
75 ‘Building of an ecological civilization’ was incorporated in the Constitution of the Communist
Party in the 18th Nation Congress of the CPC in 2012.
76 ‘Building of an ecological civilization’ was incorporated in the Constitution of the Communist
Party in the 18th Nation Congress of the CPC in 2012.
77 See ‘Xi Jinping’s Speech at the 19th National Congress of the Communist Party of China’, available at www.xinhuanet.com/english/special/2017-11/03/c_136725942.htm; accessed 26 January
2020.