CHINA Law and Practice Contributed by: Rongliang Wu, Mei Wan, Qirong Huang and Xueqi Huang, Jin Mao Law Firm
12.5 Investigating Environmental Accidents The process of investigating environmental accidents is based on the Measures for Investigation and Pun- ishment of Environmental Emergencies promulgated by the EEB from 1 March 2015 onwards. The investi- gation process is as follows: • handle the scene and take emergency measures to control pollution; • on-site investigation, extract evidentiary materials, and report; • find out the cause and nature of the incident and handle the accidents according to law on the basis of preliminary investigation; • implement the handling suggestions; and • prepare an environmental emergencies investiga- tion report, including an overview of the incident, causes, responsibility determination and handling suggestions. 13. Climate Change and Emissions Trading 13.1 Key Policies, Principles and Laws Key Policies Dual-Carbon Strategy Announced in 2020, the Dual-Carbon Strategy aims to peak carbon emissions before 2030 and achieve carbon neutrality before 2060. A central government document integrates this into economic and social development, focusing on green energy transition. National Climate Change Adaptation Strategy 2035 Issued by 17 state departments, the National Climate Change Adaptation Strategy defines key areas and measures for climate adaptation by 2035. Local gov- ernments have also launched provincial action plans and city-level adaptation pilots. Key Principles • Adhere to sustainable development, balancing economic growth with ecological protection. • Follow the common but differentiated responsibili- ties principle, urging developed countries to take the lead in emission cuts and support developing nations.
• Emphasise equal mitigation and adaptation, inte- grating climate action into overall development. Relevant Laws • Energy Law (effective 1 January 2025): Establishes a carbon emission “total volume and intensity” dual control system. It requires the State Council to devolve dual control targets to provincial govern- ments. • Energy Conservation Law: Promotes energy effi- ciency and cuts greenhouse gas emissions. • Renewable Energy Law: Supports solar, wind and hydro energy to optimise the energy matrix. • Circular Economy Promotion Law: Reduces waste and emissions via resource recycling. • Law on Promoting Clean Production: Reduces emissions from the source. • Interim Regulations on Carbon Emission Trading: Support the dual control system. 13.2 Targets to Reduce Greenhouse Gas Emissions China has set legally-supported greenhouse gas (GHG) targets: peak CO2 before 2030, cut carbon intensity by at least 65% compared to 2005 and reach carbon neutrality by 2060. A new absolute target requires economy-wide net GHG to fall 7–10% below the 2030 peak by 2035, with the non-fossil share ris- ing to at least 30% and wind/solar capacity to 3,600 GW. The new Energy Law and the Carbon Emissions Trading Regulation make these objectives binding on provinces and high-emission firms, with administra- tive and criminal liability for non-compliance. Sectoral emissions trading system expansion and provincial carbon caps further tighten enforcement. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Asbestos China has not fully banned asbestos mines and prod- ucts, but has been addressing their environmental and health risks for a long time. In 2007, it released the National Standard for Occupational Health Manage- ment of Asbestos Operations (GBZ/T 193-2007). This
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