Environmental Protection in China: The Role of Law

Abstract

This article of environmental law in China has attracted the attention of scholars for several years. They produced a series of scientific works analyzing various aspects of this multi-component phenomenon. Our article is an attempt at a systematic classification and in-depth review of the literature on environmental law in China in the field of substantial developments in legislation and policy-making remain insufficient to address environmental degradation and the growing importance of environmental issues in Chinese politics, from pollution management to deepening academic research on environmental law in China. We used the Scopus database and a guided delineation approach to ensure the quality and relevance of selected articles. Based on the identified Chinese legislations, we propose promising avenues for future research in the field of pollution law research and management. Huge challenges remain in the areas of natural resource governance, environmental health, and transition pathways in agriculture and urban development. They must be addressed with an even stronger commitment from Chinese leaders, accompanied by meaningful reforms in the areas of environmental litigation, the transparency of local government decision-making, and the self-organizing capacity of Chinese citizens to mobilize on the environment problems.The modernity and thoroughness of the Chinese environmental legislation come as a surprise. The Constitution requires the State to protect and improve the environment, to prevent pollution, to ensure the rational use of natural resources. China is a party to the main international Treaties. Its major laws on air, water or waste, which have been revised several times are accompanied, already, by more transversal measures such as a broad satute on environmental protection in general and another one on the assessment of environmental incidenses, which covers plans and programs as well as individual projects. First elements of economic instruments are progressively joining civil and criminal liability, just as a few applications of the precautionary principle.

Keywords: China-environment- protection- Ecological- Economic- law

DOI: 10.7176/JLPG/138-01

Publication date: December 31^st 2023