Zhang Ruiping: Providing Legal Protections for Ecological Civilization Construction in the New Era
Guided by the practice of ecological and environmental protection in the New Era, the codification of an Ecological Environment Code has received high-level attention from the Party Central Committee. Currently, the conditions for codifying the Ecological Environment Code have matured based on the political foundation, practical demands, and the momentum of theory and practice. This underscores that the Code is a profound implementation of Xi Jinping Thought on Ecological Civilization [1] and a confirmation of the achievements of ecological civilization construction through systematized codification.
The codification of the Ecological Environment Code embodies the concept of sustainable development. The theory of sustainable development has always emphasized a holistic vision and approach, adhering to the integration of the economy, society, and ecology. With sustainable development as its logical main thread, the Ecological Environment Code is divided into a General Provisions Book, a Pollution Control Book, a Natural Ecology Protection Book, a Green and Low-Carbon Development Book, and an Ecological Environmental Liability Book. This ensures that each specific book embodies the concept of sustainable development, where economic and ecological benefits are promoted in synergy. Under the premise of moderate codification, the holistic requirements of sustainable development promote the advancement of green technologies and industries through environmental legal guarantees and policy guidance. It is precisely through systematic legislative design that the Ecological Environment Code fully manifests the concepts of sustainable development and the harmonious coexistence of man and nature [2] in its content and implementation paths. It emphasizes the combination of prior prevention and comprehensive governance, fundamentally reducing the occurrence of environmental pollution and ecological damage.
The codification of the Ecological Environment Code embodies the strategic status of ecological civilization construction. Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Ecological Civilization condense the Party's regular understanding [3] of socialist rule of law construction, the development of human legal civilization, and ecological civilization construction. They provide the fundamental compliance and guide to action for codifying the Ecological Environment Code, while also demonstrating our country's determination and capacity regarding ecological civilization construction. The Report to the 18th National Congress of the CPC incorporated ecological civilization construction into the "Five-Sphere Integrated Plan." The 17th National Congress emphasized its strategic significance. The 2013 Decision of the CPC Central Committee on Several Major Issues Concerning Comprehensively Deepening Reform included ecological civilization construction as a vital component of comprehensively deepening reform. In 2015, the newly revised Environmental Protection Law of the People's Republic of China was officially implemented, strengthening the construction of the environmental rule of law. The Overall Plan for the Reform of the Ecological Civilization System issued in 2015 deployed various tasks for systemic reform. In 2018, "ecological civilization construction" and other content were written into the Constitution, providing a solid constitutional foundation for the codification of the Ecological Environment Code. Facing the new requirements of the New Era, the codification of the Ecological Environment Code integrates a system of legal rules aligned with the goals of ecological civilization construction, exerting its proper guiding role.
The codification of the Ecological Environment Code embodies the process of modernizing the environmental rule of law. The codification of the Ecological Environment Code represents a major innovation in the field of the environmental rule of law. Currently, China has established an environmental protection legal system in the ecological and environmental field, centered on the Environmental Protection Law as the basic law, comprising over 30 laws, more than 100 administrative regulations, over 1,000 local regulations, and various environmental standards. As the legislative content continues to enrich, new problems such as overlapping and intersecting content have emerged within the legal and regulatory system. Codification can systematically integrate existing laws and regulations, eliminate legal conflicts, and fill legal gaps, forming a unified and coordinated legal system. This is conducive not only to improving the operability and enforceability of the law but also to elevating the level of rule of law in environmental governance.
The codification of the Ecological Environment Code embodies the realization of the "Beautiful China" construction goal. The third plenary session of the 20th CPC Central Committee proposed focusing on the construction of a Beautiful China [4]. The contents of the Pollution Control Book and the Natural Ecology Protection Book directly map the achievement of the Beautiful China goal and indirectly influence the process of achieving the "Dual Carbon" [5] goals. On one hand, more emphasis is placed on preventing environmental pollution and health risks from the source. By formulating strict pollution control standards, strengthening regulatory measures, and implementing effective environmental law enforcement actions, the Code aims to reduce pollution sources that harm human health. On the other hand, it focuses on maintaining and restoring ecological balance, including biodiversity protection, the establishment and management of nature reserves, and the assessment of ecosystem service functions.
The codification of the Ecological Environment Code embodies people's rights and interests and responds to public concerns. On July 28, 2022, the United Nations General Assembly adopted a resolution stating that "access to a clean, healthy, and sustainable environment is a universal human right." This marked the emergence of environmental human rights as an independent category of human rights with universal international recognition, a milestone comparable to the historic resolution of the Declaration of the United Nations Conference on the Human Environment. Following political and economic rights, we have welcomed the development of "third-generation human rights," namely emerging rights such as the right to subsistence, the right to development, and environmental rights. Stipulating environmental rights in the Ecological Environment Code is an important manifestation of the principle of "respecting and protecting human rights" in our Constitution, as well as a significant reflection of China's active fulfillment of international ecological protection obligations. As environmental awareness grows, public attention to environmental protection increases daily. The codification of the Ecological Environment Code protects the public's environmental rights and interests. By clarifying environmental rights and obligations and establishing sound systems for environmental information disclosure and public participation, it enhances the transparency and credibility of environmental governance, thereby increasing public awareness and participation.
The codification of the Ecological Environment Code embodies the concept of green and low-carbon development. The third plenary session of the 20th CPC Central Committee proposed accelerating the comprehensive green transition of economic and social development and improving mechanisms for green and low-carbon development. Green and low-carbon development is an innovative concept proposed by China under new circumstances; it is both a response to the requirements of the times and a reflection of the value order. This thought has played an important role in the formation and advancement of China's sustainable development theory and the implementation of the "Dual Carbon" strategy. The essence of green and low-carbon development is social sustainability. From pollution control to the maintenance of human health and the sustainable development of the ecological environment, adopting green and low-carbon strategies and designing rule-of-law safeguards for green and low-carbon institutions has become an inevitable choice to address economic development issues. The codification process integrates the Green and Low-Carbon Development Book into the Ecological Environment Code as a major legal norm for promoting economic development. This not only highlights its core position within the Code but also reflects the indispensable role of "promotional laws" [6] in driving the green and low-carbon process. This book clarifies its positive role in guiding the rational allocation of social resources, encouraging technological innovation, and strengthening environmental protection, providing strong support for achieving high-quality development and comprehensive modernization.
The codification of the Ecological Environment Code embodies an important contribution to global ecological governance. China's efforts and achievements in environmental protection have attracted broad international attention. The codification of the Ecological Environment Code will help enhance China's international image and provide useful references for other countries. As the world's largest developing country, China's efforts in environmental codification will produce a positive demonstration effect for other nations, facilitating the improvement of global ecological governance. Meanwhile, the results of China's environmental codification will positively impact China's status in the international community. By sharing experience, exchanging technology, and coordinating governance, China establishes its image as a maintainer, defender, and practitioner of environmental human rights, thereby facilitating China's deep participation in global environmental governance.
The codification of the Ecological Environment Code embodies the promotion and development of a system of environmental legal knowledge with Chinese characteristics. The system of environmental legal knowledge with Chinese characteristics possesses modernity, internationalism, and foresight. It both draws on the advanced achievements of international environmental jurisprudence and innovates based on China's reality. The codification helps form a logically consistent and mutually supporting legal system, providing a solid legal foundation. It helps further refine environmental legal theory by codifying the core theories, principles, and values of environmental law, thereby driving the theoretical development of environmental legal studies with Chinese characteristics. It helps strengthen systematic thinking in legislation, emphasizing internal connections and logical structures to enhance the overall effectiveness of environmental laws. Finally, it promotes the integration of academic research and practice, driving the in-depth development of environmental law scholarship and providing a continuous stream of theoretical support for the system of environmental legal studies with Chinese characteristics.
The codification of the Ecological Environment Code is not merely a systematic integration, compilation, and revision of existing ecological and environmental protection legal systems and norms through the method of codification; it is a major initiative that aligns with the trends of the times and responds to the concerns of the people. It not only reflects a profound transformation of the concept of the rule of law in the New Era and showcases the deep integration of scientific decision-making with technological progress, but also comprehensively implements the concept of green development and reflects the universal consensus of the people on ecological protection. The codification of the Ecological Environment Code will surely promote the coordinated development of economic and social progress alongside ecological protection, contributing Chinese wisdom and Chinese solutions to global environmental governance.
(The author is the Dean and Professor of the School of Environmental Law, Gansu University of Political Science and Law) Source: Chinese Social Sciences Net – China Social Sciences Today Web Editor: Huihui