9 Chinese Law and Policy on Marine Environmental Protection
163
9.4 Legal Framework for Marine Environmental
Protection
9.4.1 General Legal Context
Before discussing the legal context for marine environmental protect, it is necessary
to overview the Chinese legal system. In China, the laws and regulations have strict
hierarchy based on legislative authority: (1) Constitution; (2) National Laws by the
National People’s Congress (NPC) and its Standing Committee; (3) Administrative
Regulations by the State Council; (4) Local People’s Congress Regulations by local
people’s congresses; (5) Rules by local governments of provinces and Ministry Rules
by ministers under State Council.
82
As to the legal framework for marine environmental protection, the Constitution
of the PRC
83 , as the supreme law of China, adopted the protection of environment
as a basic strategy policy and one of the critical responsibilities of the State. It was
provided that the State ensures the rational use of natural resources, protects the
environment in which people live and prevents pollution and other public hazards.
84
The relevant provisions provide an institutional basis for all other laws and regulation relating to marine environmental protection. In 2018, the 13th National People’s
Congress revised the Constitution and incorporated the ‘ecological civilization’. The
Constitution (2018 Amendment) set out the goal ‘to promote the coordination development of material, political, spiritual, social and ecological civilization to build
China into a great modern socialist country that is prosperous, powerful, democratic, civilized, harmonious, and beautiful and achieve the grand rejuvenation of
the Chinese nation.’
85 It reflects that the environmental protection has been put into
a more important strategic position. It also provides the fundamental legal basis for
the developments of marine systems and the profound changes in other laws and
regulations regarding marine protection.
Based on the Constitution, a series of national laws have been formulated. The
Environmental Protection Law formulated in 1989, is a comprehensive and cardinal
law for environmental protection and resource conservation. It applies to the sea areas
under the jurisdiction of
86 and provides the basic principle for marine environment
protection, that is the principle of ‘ protection first, stress on prevention, comprehensive management, public participation and accountability for damages’.
87 The State
82 Jingjing Liu, Overview of the Chinese Legal System, ELR China Update, Vol. 1, Issue 1, 2013,
p .4.
83 The Constitution of the PRC was adopted in 1982.
84 The Constitution of the PRC, Arts. 9 and 26.
85 The Constitution of the PRC, Preface. In the Constitution (2004 Amendment), it only refers to
‘to promote the coordinated development of material civilization, political civilization and spiritual
civilization’. There is no mention of ecological civilization.
86 China Environmental Protection Law, Art. 3.
87 Environmental Protection Law, Art. 5.
163
9.4 Legal Framework for Marine Environmental
Protection
9.4.1 General Legal Context
Before discussing the legal context for marine environmental protect, it is necessary
to overview the Chinese legal system. In China, the laws and regulations have strict
hierarchy based on legislative authority: (1) Constitution; (2) National Laws by the
National People’s Congress (NPC) and its Standing Committee; (3) Administrative
Regulations by the State Council; (4) Local People’s Congress Regulations by local
people’s congresses; (5) Rules by local governments of provinces and Ministry Rules
by ministers under State Council.
82
As to the legal framework for marine environmental protection, the Constitution
of the PRC
83 , as the supreme law of China, adopted the protection of environment
as a basic strategy policy and one of the critical responsibilities of the State. It was
provided that the State ensures the rational use of natural resources, protects the
environment in which people live and prevents pollution and other public hazards.
84
The relevant provisions provide an institutional basis for all other laws and regulation relating to marine environmental protection. In 2018, the 13th National People’s
Congress revised the Constitution and incorporated the ‘ecological civilization’. The
Constitution (2018 Amendment) set out the goal ‘to promote the coordination development of material, political, spiritual, social and ecological civilization to build
China into a great modern socialist country that is prosperous, powerful, democratic, civilized, harmonious, and beautiful and achieve the grand rejuvenation of
the Chinese nation.’
85 It reflects that the environmental protection has been put into
a more important strategic position. It also provides the fundamental legal basis for
the developments of marine systems and the profound changes in other laws and
regulations regarding marine protection.
Based on the Constitution, a series of national laws have been formulated. The
Environmental Protection Law formulated in 1989, is a comprehensive and cardinal
law for environmental protection and resource conservation. It applies to the sea areas
under the jurisdiction of
86 and provides the basic principle for marine environment
protection, that is the principle of ‘ protection first, stress on prevention, comprehensive management, public participation and accountability for damages’.
87 The State
82 Jingjing Liu, Overview of the Chinese Legal System, ELR China Update, Vol. 1, Issue 1, 2013,
p .4.
83 The Constitution of the PRC was adopted in 1982.
84 The Constitution of the PRC, Arts. 9 and 26.
85 The Constitution of the PRC, Preface. In the Constitution (2004 Amendment), it only refers to
‘to promote the coordinated development of material civilization, political civilization and spiritual
civilization’. There is no mention of ecological civilization.
86 China Environmental Protection Law, Art. 3.
87 Environmental Protection Law, Art. 5.