Abstract
The development of environmental law in China over the past 40 years has been a process of both continuous self-exploration while also learning from foreign environmental legislation and the international community. As a result, Chinese environmental law has converged with the environmental laws of other countries, as well as international environmental law in terms of legislative purpose, legal instruments, and political and legal relations in the process of environmental governance. This is due, mostly, to the fact that environmental laws around the globe, including in China, attempt to address similar causes of environmental problems. It is also the result of China’s active learning approach.
The authors would like to thank Zhang Haoyu for her great efforts in translating this article into English.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
Modern Chinese Dictionary (7th Edition). The Commercial Press: Beijing (2016), p. 1078.
- 2.
Longman Dictionary of Contemporary Advanced English (6th Edition). Foreign Language Teaching and Research Press, Pearson Education Limited, UK (2019), p. 551.
- 3.
Li’an (2007), p. 37.
- 4.
Jintao (2008).
- 5.
Jinping (2018).
- 6.
Guangtao (2014).
- 7.
Youhai (2019), p. 7.
- 8.
Ning (2020).
- 9.
Kiss and Shelton (1994), p. 30.
- 10.
Jianming et al. (2004), pp. 50–51.
- 11.
Xi (1992), p. 123.
- 12.
Nohiko (1999), p. 27.
- 13.
Mingyuan (2001), p. 73.
- 14.
Xi (1992), pp. 173–179; 213–435.
- 15.
For example, after the 1970s, Japan developed from a passive police administration that prevented and controlled public hazards and settled individual disputes to a comprehensive administration with positive contents such as preserving the environment itself in a good condition for future generations to inherit, manage and adjust the use of the environment. A large number of public law environmental regulations were passed. Another example is that after the 1970s, when Germany was transforming from an industrialised country to an ecological one, the central goal of most political decisions was to protect the environment. Environmental protection has become an important responsibility of state organs. The state enacted strict environmental public law to prohibit damage to the environment, to design permits for dangerous equipment (products, activities) and to regulate environmental taxation and public funds.
- 16.
Keping (2015), p. 23.
- 17.
Xi (2012), p. 6.
- 18.
Ibid.
- 19.
Xi (2020), pp. 13–15.
- 20.
Xi (2020), p. 14.
- 21.
It was revised into the Environmental Protection Law in 1989 and revised in 2014.
- 22.
It was subsequently revised in 1996, 2008 and 2017.
- 23.
It was subsequently revised in 1995, 2000 and 2015.
- 24.
Xi (2020), p. 13.
- 25.
Ibid, pp. 14–15.
- 26.
Xi (1992), p. 221.
- 27.
Xi (1992), p. 296.
- 28.
Basic Law on the Environment, Articles 43(1) and 44. See also Xuhui and Yunxiao (2020), pp. 15–16.
- 29.
Xuhui and Yunxiao (2020), p. 235.
- 30.
Environmental Protection Law, Article 26.
- 31.
Environmental Protection Law, Article 27.
- 32.
Environmental Protection Law, Article 58.
- 33.
- 34.
Heyvaert (2019), p. 772.
- 35.
Youhai (2019), p. 6.
- 36.
Jin (1998), p. 34.
- 37.
Cai (1999), p. 15.
- 38.
Xi (1992), pp. 25–29.
- 39.
Nohiko (1999), p. 2.
- 40.
Li’an (2007), pp. 36–50.
- 41.
Mi (2018), p. 318.
- 42.
Information Office of the State Council of the People’s Republic of China: China’s rule of law (2008), http://www.gov.cn/zhengce/2008-02/28/content_2615764.htm.
- 43.
Ibid.
- 44.
Tao (2008).
- 45.
Tao (2008).
- 46.
Youhai (2007), p. 22.
- 47.
Ruilin (1981), p. 51.
- 48.
Xiancong (2021), p. 134.
- 49.
Xi (1994), p. 54.
References
Cai S (1999) Globalization and convergence of contemporary environmental law. World Environment, Cambridge
Guangtao W (2014) Regarding Amendments to the Environmental Protection Law of the People’s Republic of China (draft), http://www.npc.gov.cn/wxzl/gongbao/2014-06/23/content_1879667.htm
Heyvaert V (2019) Chapter 34 transnational networks. In: Lees E, Vinualies JE (eds) The Oxford handbook of comparative environmental law. Oxford University Press, pp 769–789
Jianming X, Guangming O et al (2004) Comparative environmental law monographs. China Environmental Science Press, Beijing
Jin W (1998) On the convergence of global environmental legislation. Chinese Foreign Law 2:32–42
Jinping X (2018) Speech at the National Conference on Ecological and Environmental Protection, 18 May 2018 (in Chinese), http://www.qstheory.cn/dukan/qs/2019-01/31/c_1124054331.htm
Jintao H (2008) Speech at the Conference for Celebrating the 30 Years Anniversary of the Third Plenary Meeting of the Eleventh Central Committee of the Chinese Communist Party of China, Part I The work of the past five years, 18 Dec. 2008, http://news.xinhuanet.com/english/2007-10/24/content_6938749.htm
Keping Y (2015) On modernising state governance, revised edn. Social Science Literature Press, Princeton
Kiss A, Shelton D (1994) Manual of European environmental law. Cambridge University of Press, Cambridge
Li’an Z (2007) A study on the promotion tournament model of local officials in China. Econ Res J 7:36–50
Mi J (2018) Introduction to comparative jurisprudence. Commercial Press, Beijing
Mingyuan W (2001) The legal system on environmental tort relief. China Legal Publishing House, Beijing
Ning L (2020) Notes on the Amendment to the Criminal Law of the People’s Republic of China (11) (draft), http://www.npc.gov.cn/npc/c30834/202012/f16fedb673644b35936580d25287a564.shtml
Nohiko H (1999) Environmental law (trans: Yu Min). Law Press, Beijing
Ruilin J (1981) Several basic institutions on foreign environmental law. Foreign Jurisprud 6:51–58
Tao W (2008) Notes on the (Draft) Law of the People's Republic of China on Environmental Impact Assessment, http://www.npc.gov.cn/zgrdw/npc/zfjc/hpjc/2008-08/12/content_1442080.htm
Xi W (1992) Introduction to American environmental law. Wuhan University Press, Wuhan
Xi W (1994) A preliminary exploration of comparative environmental law in China. Law Rev 4:53–55
Xi W (2012) The theory of the interaction of environmental protection subjects in the rule of law. J Shanghai Jiaotong Univ (Philosophy and Social Sciences Edition) 1:5–22
Xi W (2020) A conceptual model of environmental governance in China: a new paradigm tool. Environ Prot 48:12–18
Xiancong M (2021) Forty years of reform and opening up: a review and prospect of environmental law - speech at the 2019 Zhongda environmental law forum. In: Xi W (ed) Forty years of reform and opening up: a review and prospect of environmental law. Shanghai Sanlian Bookstore, Shanghai, p 134
Xuhui D, Yunxiao Z (eds) (2020) Compilation of Japanese environmental laws and regulations. China Environment Publishing Group, China
Youhai S (2007) A review of China’s environmental protection laws and basic experiences in the new era. China’s Environ Rule Law 1:19–26
Youhai S (2019) 70 years of environmental protection laws in China: review, reflection and prospects. China Environ Manage 6:5–10
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2024 The Author(s), under exclusive license to Springer Nature Switzerland AG
About this chapter
Cite this chapter
Xi, W., Wenjun, L. (2024). Environmental Law in China. In: Ghio, E., Perlingeiro, R. (eds) Are Legal Systems Converging or Diverging?. Springer, Cham. https://doi.org/10.1007/978-3-031-38180-5_10
Download citation
DOI: https://doi.org/10.1007/978-3-031-38180-5_10
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-031-38179-9
Online ISBN: 978-3-031-38180-5
eBook Packages: Law and CriminologyLaw and Criminology (R0)