The Main Innovations of Ecological and Environmental Code and Recommendations for Related Legislation
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Abstract
Ecological and Enivironmental Code is China's second fundamental law bearing the title of "Code" following the Civil Code, and also the world's first law named "Ecological and Enivironmental Code." Ecological and Enivironmental Code demonstrates significant innovations in legislative nomenclature and hierarchical effect, legislative purposes and scope of application, working approaches and basic principles, as well as major institutions and legal mechanisms. It embodies the unity of timeliness, scientific rigor and people-centered character, and is highly consistent with Xi Jinping’s Ideology of Ecological Civilization and rules of law. To facilitate supporting legal construction, in addition to improving relevant Party regulations, it is recommended to strengthen the connection between Ecological and Enivironmental Code and natural resources and ecological protection laws in accordance with the characteristics of moderate codification, and enact the Watershed Protection Law and Regional Eco-environmental Integrated Protection Law; formulate supporting regulations such as the Regulation on Prevention and Control of Light Pollution and Regulation on Prevention and Control of Electromagnetic Radiation Pollution based on Ecological and Enivironmental Code's authorization; enact specialized legislation addressing climate change, carbon peaking and carbon neutrality; integrate relevant provisions of Cleaner Production Promotion Law into Circular Economy Promotion Law; amend Criminal Law by changing "Crimes of Undermining Environmental and Resource Protection" to "Crimes of Undermining Eco-environment," and adding new offenses including "Falsification of Eco-environmental Monitoring Data" and "Endangering the Climate"; and formulate systematic judicial interpretations for civil, administrative, and criminal eco-environmental cases.
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