CHINA Law and Practice Contributed by: Rongliang Wu, Mei Wan, Qirong Huang and Xueqi Huang, Jin Mao Law Firm
Jin Mao Law Firm 40th Floor Bund Centre 222 East Yan An Road Shanghai
20002 China
Tel: +86 21 6249 6040 Fax: +86 21 6249 5611 Email: Rogers.wu@jinmao.com.cn Web: www.jinmao.com.cn
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws China’s environmental protection system covers mul- tiple levels, including laws, administrative regulations, local regulations and departmental/provincial rules, and standards such as national (GB), industry (HJ) and local (DB) standards. Core Principles and Key Legislation Guiding principles As stipulated in the Environmental Protection Law and the draft of the Ecological and Environmental Code (which advanced to second reading in 2025), guiding principles include prevention first, systematic govern- ance, ecological priority, green development, public participation and liability for damages. Main laws (38 in total) • Comprehensive basic systems: Environmental Protection Law, Environmental Impact Assessment Law, specific regional or river basin protection laws (Yangtze, Yellow River, Black Land and the Ecologi- cal Protection of the Qinghai-Tibet Plateau) and tax laws (Environmental Protection Tax Law, Resource Tax Law). • Pollution prevention: Six laws covering industrial waste gas, wastewater, solid waste, soil, noise and radioactive substances. In the draft of the “Pollu- tion Prevention and Control Section of the Ecologi- cal and Environmental Code”, new provisions on chemical substances, electromagnetic radiation
and light pollution prevention and control were added. • Circular economy: Two laws (Law on Promoting Cleaner Production, Law on Promoting Circular Economy). • Ecological protection: Seven laws including the Wildlife Protection Law, the Wetland Protection Law and the 2025-adopted National Park Law. • Energy and resources: 14 separate laws (details not elaborated). Supporting Regulations and Judicial Interpretations The State Council has issued regulations such as the Regulations on Environmental Protection of Construc- tion Projects and the Regulations on Sewage Disposal Permits; local governments have formulated corre- sponding local rules. Since 2023, the Supreme People’s Court and Procura- torate have updated judicial interpretations concern- ing environmental pollution crimes, ecological tort liability and related litigation evidence. Codification Approach The Ecological and Environmental Code adopts “moderate codification”, integrating ten laws (basic systems, pollution prevention) into the Code while retaining 28 other separate laws on ecology, energy and resources.
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