Chinese Environmental Law

Constitutional and Ideological Foundations

Chinese environmental law operates within the constitutional and ideological framework of the People’s Republic of China. Article 26 of the Constitution provides that the state protects and improves the environment, prevents and controls pollution, and encourages afforestation. The 2018 constitutional amendment elevated the construction of an ecological civilisation (生态文明, shēngtài wénmíng) to a fundamental state task, embedding environmental protection within the state’s highest legal order. This concept requires that environmental constraints be internalised in all economic decision-making and that the state pursue a development model that respects nature.

The Legislative Framework

The Environmental Protection Law of 2014 (revised from 1989) is the fundamental statute, introducing enhanced enforcement mechanisms including the daily penalty system for continuous violations, authority to order production suspension, and provisions for public interest litigation. Sectoral statutes include the Air Pollution Prevention and Control Law (revised 2015, 2018), the Water Pollution Prevention and Control Law (revised 2017) introducing the river chief system (河长制) for local water quality accountability, the Soil Pollution Prevention and Control Law of 2018, the Environmental Impact Assessment Law (revised 2016, 2018), the Law on Solid Waste (revised 2020), the Marine Environment Protection Law, and the Law on Noise Pollution (revised 2021).

Ecological Civilisation and Central Inspection

The ecological civilisation framework is operationalised through the Integrated Reform Plan for Promoting Ecological Progress of 2015, which set out a comprehensive programme reforming environmental governance institutions, market mechanisms, and legal enforcement. A central feature is the environmental protection target responsibility system, under which local government officials are evaluated on environmental performance indicators including emissions reductions, air and water quality targets, and compliance with environmental laws, creating direct incentives for enforcement through the cadre evaluation system.

The central environmental protection inspection (中央生态环境保护督察) system, established in 2015, represents a distinctive institutional innovation. Central inspection teams dispatched by the Communist Party and the State Council conduct comprehensive reviews of environmental compliance by provincial governments, state-owned enterprises, and ministries, combining document review, site visits, and complaint collection, with findings disclosed to the public and resulting in thousands of identified violations, official disciplining, and enforcement of remediation orders.

Environmental Impact Assessment

The EIA system under the Environmental Impact Assessment Law requires construction projects to undergo EIA before construction. Projects are classified into three categories based on environmental impact: Category A (significant impact) requires a full EIA report; Category B (moderate impact) requires a simplified EIA form; Category C (minor impact) requires a registration form. The 2016 amendments strengthened public participation requirements, requiring project proponents to disclose EIA information through online platforms and to solicit public opinion through consultation meetings or questionnaires. A 2018 reform separated the EIA review body from environmental protection bureaux to enhance independence and technical rigour.

Pollution Control Action Plans

China has adopted targeted action plans. The Air Pollution Prevention Action Plan (气十条) of 2013 set PM2.5 reduction targets of 25%, 20%, and 15% for key regions by 2017, mandating closure of outdated industrial capacity and coal replacement. The Water Pollution Prevention Action Plan (水十条) of 2015 targeted surface water quality improvement, and the Soil Pollution Prevention Action Plan (土十条) of 2016 established a framework for soil surveys and remediation.

Pollutant Discharge Permit System

The pollutant discharge permit system (排污许可证制度) requires enterprises to obtain permits specifying the type, concentration, and quantity of permitted discharges, integrating with EIA and monitoring to create a comprehensive regulatory cycle covering air, water, and solid waste.

Environmental Public Interest Litigation

Article 58 of the Environmental Protection Law permits social organisations meeting statutory criteria to bring environmental public interest lawsuits seeking injunctive relief, restoration, and compensation. The procuratorate public interest litigation system, established in 2017, empowers people’s procuratorates to initiate civil EPIL against polluters and administrative EPIL against agencies failing to perform environmental duties, typically following pre-litigation recommendations.

Liability for Environmental Damage

The Civil Code (2021) establishes strict liability for environmental pollution, reversing the burden of proof on causation. Claims may seek restoration or monetary compensation. Criminal liability under the Criminal Law covers major pollution accidents, illegal waste importation, and unauthorised resource exploitation. Administrative penalties include fines, suspension, and closure. The daily penalty system permits cumulative fines for continuing violations, substantially increasing the cost of persistent non-compliance.