Both in practice and theory, the conditions for compiling the Ecological Environment Code are very mature, "Zhao Ke, Director of the Regulations and Standards Department of the Ministry of Ecology and Environment, said at the November regular press conference, introducing the construction of China's ecological environment legal and institutional system.
The compilation of the Ecological Environment Code is related to the significant adjustment of the legal relationship of the ecological environment, the long-term protection of the ecological environment, and the overall construction of a beautiful China. In September this year, the Standing Committee of the 14th National People's Congress issued the legislative work plan, which included the ecological environment code in the first class project. The so-called type of project refers to a legal draft that is relatively mature in terms of conditions and is intended to be submitted for review during the term of office.
That is to say, during this session of the National People's Congress, it will be submitted for review, and we can optimistically estimate that the review time may be advanced, "Zhao Ke admitted. As of November, there are a total of 299 laws in China, of which 35 are related to environmental resources, accounting for a significant proportion. This provides textual support for the compilation of the Ecological Environment Code.
The 14th Five Year Plan proposes to achieve new progress in ecological civilization construction and continuous improvement of the ecological environment by 2025. By 2035, the ecological environment will fundamentally improve and the goal of building a beautiful China will be basically achieved. This is the fundamental basis for the compilation of the Ecological Environment Code, as well as the legislative practice of modernizing the national governance system and governance capacity. It is widely believed in the industry that the rule of law is the criterion for ecological environment governance. Based on China's national conditions, compiling an effective legal code to effectively solve practical problems will help integrate and improve the current ecological environment legal system, and further enhance the level of rule of law in ecological environment governance.
Lv Zhongmei, Vice Chairman of the Environment and Resources Protection Committee of the National People's Congress and Vice Chairman of the 17th Central Committee of the Peasants and Workers' Party, said recently that "the community of human and natural life" is a proposition of practice, and innovative legal theory should transform it into specific legal practice. Firstly, it is necessary to strengthen ecological environment legislation, promote the systematization of ecological environment legislation, fill legislative gaps through the compilation of codes, and improve the legislative system;
China has established specialized environmental protection courts, and the latest data is 286. China is the only country in the world with a comprehensive environmental and resource adjudication system covering from the Supreme People's Court to the lowest level of municipal courts, "said Lv Zhongmei.
The most important thing in compiling the Ecological Environment Code is to fully absorb local grassroots practical experience, solve difficulties, pain points, and bottlenecks. Regarding this, Jia Jingwei, Co Director of Fitch Ratings' Evergreen ESG Research Group, told a reporter from China Energy News: "The Ecological Environment Code can provide sufficient legal basis for environmental pollution supervision, regional differences, and other issues. For traditional high carbon ranking industries such as oil, natural gas, and coal, as well as other industries with significant pollution, a complete legal system will emphasize the legal responsibility of these industries for environmental governance, strengthen the supervision and investigation of law enforcement agencies, improve environmental governance standards and norms, and promote the sustainable development of industry enterprises
In Jia Jingwei's view, by compiling the Ecological Environment Code, China will establish a comprehensive legal and regulatory system related to the ecological environment, which will involve multiple aspects such as air pollution, soil, water resources, solid waste, biodiversity, etc., all of which can be more comprehensively legislated and interpreted.
It is understood that the Ministry of Ecology and Environment has organized relevant subordinate units and colleges and universities to conduct some basic research in the early stage, including systematically organizing current ecological environment laws and regulations, analyzing and researching relevant institutional norms, etc. At present, we are organizing research and discussions to understand the needs and expectations of grassroots for the Code, collect local opinions and suggestions, sort out and integrate relevant provisions of current ecological environment laws and regulations, and study and propose some opinions and suggestions such as translation, modification, and supplementation. Next, the Ministry of Ecology and Environment will promote the resolution of issues such as unsuitability, lack of coordination, and inconsistency in the implementation of laws.
Regarding the compilation of the Ecological Environment Code, the Ministry of Ecology and Environment has put forward suggestions based on ecological environment management practices: firstly, to adhere to orderly connection and fully absorb the achievements of current ecological environment protection legislation. It is recommended to comprehensively absorb all useful and effective provisions in ecological environment laws and regulations, especially some systems stipulated in newly formulated and revised laws and regulations since the 18th National Congress of the Communist Party of China. Meanwhile, appropriate integration and improvement should be carried out.
Secondly, we must adhere to a problem oriented approach and fully consider the needs of social and economic development. It is recommended to fully consider the current situation of ecological environment work, take into account the expectations of the people, adhere to a problem oriented approach, and systematically revise clauses that are not suitable for the actual situation. Compile an ecological environment code that is in line with social reality, has practical foundation, and strong operability.
The third is to adhere to inclusiveness and inclusiveness, fully reflect the latest achievements of ecological civilization construction, and make every effort to fill legislative gaps. At the same time, we must maintain openness and reserve legal regulatory space for single line laws in emerging fields.
Source: China Energy News
Reporter Wang Lin from this newspaper
[Editor in charge: Liu Chengyan]
