By Wu Ping, DRC

In the past two years, China has formulated and implemented a number of regulations, policies and guidelines relating to green transformation, which have a wide coverage and are bolstered by relevant legislative procedures and application mechanism. First, a clear definition is made on the legislative philosophy of scientific development, including the scientific outlook on development and sustainable development, with proper legislative aims and objectives. Second, specific and feasible measures are formulated to ensure that laws and regulations are carried out effectively in specific industries and fields concerning the pollution rights trading as well as the assessment, governance and control of environmental impact. Third, a diversified restraint and incentive mechanism consisting of government regulation, government support, and market mechanism is established. Four, regulations and policies at all levels are enacted to promote law enforcement and further institutional innovation. However, some deficiencies lie in relevant laws, regulations and policies in terms of the integration with international conventions and relevant systems and supporting measures. The major problems are as follows: the legal systems in some key fields such as energy are inadequate and need to be improved; the detailed rules and mechanisms for law enforcement need to be fleshed out; some laws and regulations are to be improved relating to people’s right to know and to be heard and the mechanism for people’s participation in environmental public interest litigation needs to be enhanced through further practice. The enactment and effective implementation of laws, regulations, and policies for China’s green transformation depend on its improved energy legal system and the joint efforts made by all sides. The government needs to speed up the legislative process of the “Energy law”; special laws and regulations like the “Law on the Promotion of Low-carbon Development”, the “Emission Trading Act” and other special laws and regulations need to be formulated more quickly; the supportive measures to the “Law on the Promotion of Circular Economy” and other special laws and regulations need to be perfected constantly.

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