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Environment Protection Law of China

The Environment Protection Law of People’s Republic of China was passed on December 26, 1989, revised and adopted at the eighth session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 24, 2014, and has come into force on January 1, 2015.

History

The Trial Version of the Environment Protection Law of China, which was issued on September 13, 1979, marked the rule of law concerning environment protection in China. In 1981, the State Council of China issued the Decision Concerning Strengthening Environment Protection During State Economy Adjustment Period, which proposed the principle of “whoever has polluted shall treat”. In 1982, the Interim Measures of Collecting Pollutant Discharge Fees was issued, which marked the official establishment of pollutant discharge fee mechanism in China.

Content

There are seven chapters in the Environment Protection Law of China, including Chapter I – General Provisions; Chapter II – Supervision and Administration; Chapter III – Environmental Protection and Improvement; Chapter IV – Prevention and Control of Pollution and Other Public Nuisances; Chapter V – Information Disclosure and Public Engagement; Chapter VI – Legal Liability; and Chapter VII – Supplementary Provisions.

According to Article 1 of the Environment Protection Law of China, this law is developed for the purposes of protecting and improving environment, preventing and controlling pollution and other public nuisances, safeguarding public health, promoting ecological civilization, and enhancing sustainable economic and social development.

According to Article 2 of the Environment Protection Law of China, the “environment” to be protected under this law covers the entirety of all natural elements and artificially transformed natural elements that affect the survival and development of human beings, including but not limited to air, water, seas, land, minerals, forests, grasslands, wetland, wildlife, natural and cultural relics, nature reserves, scenic spots, historical sites, and urban and rural areas.

According to Article 4 of the Environment Protection Law of China, protecting environment is a fundamental national policy of the state. The state shall adopt economic and technological policies and measures conducive to economically and cyclically utilizing resources, protecting and improving environment and enhancing the harmony between mankind and nature to coordinate economic and social development with environmental protection.

According to Article 6 of the Environment Protection Law of China, all entities and individuals shall have the obligation to protect environment. The local people's governments at all levels shall be responsible for the environmental quality within their respective administrative regions. Enterprises, public institutions, and other businesses shall prevent and reduce environmental pollution and ecological disruption, and assume liabilities for damage caused by them. Citizens shall raise their awareness of environmental protection, adopt low-carbon and economical lifestyles, and conscientiously fulfill their obligation to protect environment.

According to Article 12 of the Environment Protection Law of China, Environment Day is celebrated on June 5 every year.

Article 16 of the Environment Protection Law of China provides the national pollutant discharge standards. Article 17 provides the environmental monitoring rules. Article 19 provides the environmental impact assessment rules. Article 20 provides the coordination mechanism across administrative regions for the joint prevention and control of environmental pollution and ecological disruption in key regions and valley areas. Article 26 provides the objectives responsibility system and evaluation and review system to environmental protection. Article 29 provides the drawing of ecological red lines in key ecological function zones, ecological sensitive areas and fragile areas, and other areas to apply strict protection. Article 31 provides the ecological compensation mechanism. Article 43 provides the pollutant discharge fees for enterprises, public institutions, and other businesses. Article 44 provides the total discharge volume control system. Article 45 provides the licensing system to pollutant discharge. Article 47 provides the public monitoring and early warning mechanisms for environmental pollution. Xinhua Agency, the Environment Protection Law of People’s Republic of China. April 25, 2014. http://www.npc.gov.cn/npc/c10134/201404/6c982d10b95a47bbb9ccc7a321bdec0f.shtml.

Xinhua Agency, One Hundred Years of the Communist Party of China (from July 1921 to June 2021). June 28, 2021. https://www.gov.cn/xinwen/2021-06/28/content_5621160.htm.

Geermu Statistics, On the Environment Protection Law of People’s Republic of China. May 28, 2022. https://mp.weixin.qq.com/s?__biz=MzI3NDQxNTkyNw==&mid=2247491324&idx=1&sn=b1ca4013ca0ea38fceeadcce624ff7d5&chksm=eb1536a4dc62bfb2206e9e155dc2feb298ce79339fa241b25112e7ce7b6c56bdae32879f5ae9&scene=27.

Geermu Statistics, On the Environment Protection Law of People’s Republic of China. May 28, 2022. https://mp.weixin.qq.com/s?__biz=MzI3NDQxNTkyNw==&mid=2247491324&idx=1&sn=b1ca4013ca0ea38fceeadcce624ff7d5&chksm=eb1536a4dc62bfb2206e9e155dc2feb298ce79339fa241b25112e7ce7b6c56bdae32879f5ae9&scene=27.

Xinhua Agency, the Environment Protection Law of People’s Republic of China. April 25, 2014. http://www.npc.gov.cn/npc/c10134/201404/6c982d10b95a47bbb9ccc7a321bdec0f.shtml.