Chapter
3 - Legislation for Sustainable Development and Its Enforcement
INTRODUCTION
3.1 Establishing laws related to sustainable development
is a mechanism for formalizing and codifying strategies and policies for
sustainable development. Furthermore, enforcement of that legislation will
be critical for putting sustainable development strategies into action.
Amongst the various strategies designed to achieve sustainable development,
establishing legislation and the enforcement of associated laws and regulations
will play important roles.
3.2 The Agenda 21 demands that all the countries
involved "should develop and enforce integrated, sanction-obliging
and effective laws and regulations which are in compliance with well conceived
social, ecological, economic and scientific principles." The Constitution
of the People's Republic of China further stipulates that "the State
defends the unity and dignity of the socialist legal system." While
China has been reforming and opening to the outside world in the process
of establishing its socialist market economy, legal processes increasingly
have permeated social, political and economic life. China has already acceded
to many international conventions on the environment and development, and
will actively continue to be involved with international legislation related
to sustainable development. It is necessary for China to develop more rapidly
its legislation and enforcement procedures related to sustainable development.
3.3 A wide range of issues must be considered in
developing legislation for sustainable development. This chapter focuses
on consideration of population, the environment, natural resources and social
security, and is intended to outline the broad guidelines for Chinese legislation
and for enforcement procedures related to sustainable development. It is
also intended to set forth the major initiatives that will be undertaken.
3.4 Legislation for sustainable development will
take into consideration deliberations in other chapters, for instance the
relevant programme areas in Chapters 12, 14 and 20.
3.5 The programme areas in this chapter are:
PROGRAMME AREAS
A. Development of Legislation for Sustainable Development
Basis for action
3.6 Over the last decade, China has been integrating environmental, social, and economic factors in developing its legislation on the environment and development, so as to guarantee that social and economic development will be sustainable:
- (a) China has formulated many economic laws and
regulations in accordance with the evolving economic and social situation,
reflecting, to some extent, the principles and requirements of sustainable
development;
(b) Science and technology are an important supports for sustainable development. China has formulated laws, such as The Law on the Progress of Science and Technology and The Law on the Popularization of Agricultural Science and Technology which promote the role of science and technology in sustainable development;
(c) To date, four environmental laws, eight resource management laws, more than twenty administrative regulations on the environment and resource management and more than two hundred and sixty environmental standards have been established, to form the basis of the legal system for environmental and resource protection;
(d) China also has formulated a great number of laws and policies in the important areas of education, health, culture and social security, thereby establishing the basic legal framework for ensuring sustainable social development.
3.7 Some challenges still facing China in developing legislation in the field of sustainable development are:
- (a) China's system of laws and regulations concerning
sustainable development still has to be improved in order to reflect more
comprehensively the principle of coordinating environmental protection
with economic development;
(b) Improving and adjusting existing legislation in the field of sustainable development and introducing legislation suited to the establishment of the Chinese socialist market economy;
(c) Further strengthening local legislation so that the principle of sustainable development stipulated in national laws and administrative regulations can be effectively enforced at local levels;
(d) As China enters the global economy, it needs to be in accord with international practices and regulations in developing legislation, technical regulations and standards in the area of sustainable development;
(e) By enacting domestic legislation and formulating national plans, implementing international conventions on sustainable development to which China is a signatory.
Objectives
3.8 By the year 2000, the basis for a system of legislation governing sustainable development should be in place:
- (a) Legislation related to the economy and sustainable
development and legislation concerning the environment and the protection
of resources will have been promulgated. Following a comprehensive analysis
of social, ecological, economic and scientific principles, the concepts
of sustainable development will be incorporated into laws relating to economic
development, the population, industry and social security;
(b) Improvements in local legislation related to sustainable development will have been made;
(c) There will be coordination with international legislation in the field of sustainable development and the most effective foreign legislation and practices will be adopted;
(d) Improvements will be made regarding capacity to formulate legislation for sustainable development by means of disseminating ideas, distributing materials and conducting training related to sustainable development.
Activities
3.9 It is necessary to map out an action plan for enacting legislation for sustainable development after the current status of legislation for sustainable development, development trends and requirements have been assessed:
- (a) Continue the study of recent legislation
for sustainable development at the national level, coordinate existing
laws and regulations, and examine legislation related to the environment,
resources, energy and industry in order to determine their completeness
and conformity with sustainable development;
(b) Under unified leadership, scrutinize existing local legislation to determine whether or not sustainable development is included in local legislation on the environment and development, and whether or not local legislation regarding sustainable development is congruent with national strategies;
(c) Based on the results of investigations and studies, design national and local programmes to formulate, revise and improve plans, programmes and measures relevant to sustainable development legislation.
3.10 Legislative activities in the field of sustainable development will be carried out in accordance with the plan to improve the legal system:
- (a) Study and enact laws aimed at improving people's
educational levels and physical well-being and proceed with improvements
to regulations concerning population control by 2000;
(b) Include provision for a system of sustainable development impact assessments in legislation and require governmental agencies to consider potential impacts on sustainable development when formulating policies and plans and approving projects;
(c) In the forthcoming Law on Planning, require government departments to regard the principle of sustainable development as the important guiding ideology when formulating social and economic development plans;
(d) Promote sustainable development in industry through legislation; enact laws on cleaner production, clean energy sources and other important industrial legislation; fully reflect the principle of sustainable development when formulating such important economic laws as the Company Law and the Market Management Law;
(e) Continue to reinforce environmental legislation; formulate and enforce laws on the prevention and control of desertification, on the prevention and control of pollution by solid wastes, formulate and enforce regulations on the exploitation of resources, on environmental protection and on nature reserves; by the end of this century, establish a system of environmental law which is in conformity with the principles of sustainable development;
(f) Revise and improve existing resource management laws and regulations in light of sustainable development principles; enact laws for the rational utilization of natural resources, similar to the Law for the Comprehensive Utilization of Resources, the Law for Energy Conservation and the Law for Wild Plant Resource Protection, the Law for Coastal Belts, the Law for the Management of the Utilization of Ocean Territories, the Basic Law on the Exploitation of Marine Resources, and regulations for the protection of farmland, etc.;
(g) Ensure domestic legislation exists which will allow for the enforcement of international conventions to which China has acceded, such as promulgating regulations for the management of ozone-depleting substances, so that China can fulfil obligations undertaken in the field of global sustainable development;
(h) Local laws and regulations on the environment and development should correspond to national laws so that a multi-level system of legislation for sustainable development will be in place.
3.11 Enhance the operational capacity of governments at different levels in sustainable development legislation. Incorporate sustainable development principles into the legal system by strengthening the formation of legislative teams to train National Peoples Congress deputies, officials in legal institutions and administrative departments of the governments at all levels in sustainable development.
3.12 Further enhance the role for public and social organizations in legislation for sustainable development:
- (a) Develop and improve a consultative process
for developing legislation and solicit opinions from the general public
and inform the public regarding the adoption of those suggestions;
(b) Establish and improve a system for feedback about legislation; analyze, study and act on problems arising in the implementation of legislation, as reflected by the general public and mass organizations.
3.13 Strengthen research and education related to law to promote the development of a legal theory for sustainable development, which will serve as the scientific basis for legislation in the field of sustainable development:
- (a) Study important legal issues concerning the
environment and development, and provide government departments with recommendations
based on concrete requirements for legislation in the field of sustainable
development;
(b) Organize experts to compile teaching materials on sustainable development legislation and, through mechanisms such as school education, mass media or workshops, train personnel in sustainable development legislation.
3.14 Expand international cooperation and communications in the field of legislation for sustainable development:
- (a) Carry out research for developing a national
programme for sustainable development legislation and, with support of
relevant international organizations, establish an information system for
collecting data and documentation;
(b) Cooperate with the United Nations and international organizations in training personnel involved in formulating and enforcing legislation for sustainable development;
(c) Cooperate with relevant foreign governments or research institutions in studying foreign sustainable development legislation, so that the Chinese legal system will be in alignment with international practices and will provide the basis for China's adopting internationally acceptable technical criteria and standards for sustainable development;
(d) Cooperate with the United Nations and related agencies in examining domestic legislation and its enforcement for concordance with international conventions to which China has acceded;
(e) Cooperate with international bodies to improve China's capacity to formulate sustainable development legislation and to establish data and information bases and training facilities.
B. Enforcement of Legislation for Sustainable Development
Basis for action
3.15 The value of a law related to sustainable development is predicated on its actual enforcement. Therefore, legislation and enforcement should be accorded equal importance.
3.16 Although China has built the foundation for enforcing existing laws in the field of sustainable development, it is now confronted with new challenges:
- (a) Issues, such as undue enforcement of the
law and unpunished violations, need to be gradually addressed;
(b) China needs to further enhance and improve its support systems at both national and local levels, for enforcing laws in the field of sustainable development;
(c) China needs to examine how its measures for enforcing laws for sustainable development work in practice, and based on feedback regarding enforcement, to gradually improve its legislation.
Objectives
3.17 The enforcement system and support mechanisms for laws in the field of sustainable development will be established and perfected to ensure the implementation of the laws.
3.18 With the enforcement of laws for sustainable development, the rational utilization of natural resources and effective control of environmental pollution and degradation will be possible so as to bring about the protection of, and improvements in, living and environmental conditions, as well as promoting economic and social development.
Activities
3.19 Study the enforcement of laws for sustainable development, develop a corresponding theoretical system and look for ways and means for effectively enforcing laws.
3.20 Strengthen public education about laws and regulations concerning sustainable development to enhance public awareness of laws, the environment and sustainable development:
- (a) Incorporate public education on laws governing
sustainable development into the national plan and publicize the laws;
organize massive publicity and training on newly promulgated laws regarding
the environment and sustainable development;
(b) Incorporate information about the laws for sustainable development into the basic school curriculum so that the theory of sustainable development is included in basic education;
(c) Give wide coverage to important cases in the enforcement of laws concerning the environment and development, so that, in addition to increasing public awareness of the environment and sustainable development, judicial actions serve to spread the influence of and encourage obedience to the laws.
3.21 Increase the quantity and quality of personnel responsible for implementing sustainable development legislation to enhance the capacity to enforce the laws:
- (a) Establish and improve executing agencies
at the local level, and improve conditions for enforcing the laws;
(b) Strictly test law enforcement personnel and establish a licensing system for legal workers;
(c) Strengthen the capabilities of law enforcement and judicial personnel through training.
3.22 Enhance the linking of judicial with administrative procedures for the enforcement of sustainable development laws:
- (a) Ensure administrative procedures include
mechanisms for the enforcement of sustainable development laws; make government
leaders responsible for the enforcement of sustainable development laws
and other related regimes; ensure that administrative behaviour is congruent
with the principles of sustainable development; the responsibilities and
obligations of enterprises regarding sustainable development should be
clearly defined in articles of law; ensure that enterprises adopt effective
measures to guarantee the full implementation of sustainable development
principles;
(b) Judicial procedures should include mechanisms for the enforcement of sustainable development laws; judicial bodies should protect the legal rights of citizens and corporate bodies and ensure the enforcement of sustainable development strategies when dealing with violations of laws and handling disputes.
3.23 Expand the role of public and mass organizations in the enforcement of sustainable development legislation:
- (a) Improve the system for making and investigating
complaints, and expand its role in the enforcement of sustainable development
laws so as to ensure that individuals, groups and organizations with legal
standing have reliable channels for participating in the enforcement process
to protect their legal rights and public interests;
(b) Strengthen the role for lawyers in sustainable development and promote the training and building of teams of professional lawyers capable of providing services, which will promote the enforcement of sustainable development laws and ordinances.
3.24 Strengthen the system for supervising the enforcement of laws related to sustainable development; improve the system for investigating the enforcement of sustainable development laws by having periodical inspections focused on the ways the laws are implemented, so as to standardize and systematize the conditions for enforcement.
3.25 Establish and perfect supervisory mechanisms for the enforcement of laws governing sustainable development:
- (a) Strengthen the role of the National People's
Congress (NPC) in supervising the implementation of laws; law enforcement
agencies should report periodically on the results of enforcement activities
to the NPC;
(b) Improve the procedures followed by the Chinese People's Political Consultative Conference (CPPCC) for supervising the implementation of laws so that members of the CPPCC can make inquiries regarding the enforcement of laws at any time;
(c) Develop a system for examining how laws are enforced by administrative and judicial bodies; the results of the monitoring process should be used as an important basis for promoting, demoting, and punishing personnel in these organizations;
(d) Establish and perfect monitoring by public and mass organizations, and in particular, the system of public participation, when dealing with violations of the law so that the public has the right to propose improvements in law enforcement;
(e) Expand the role of the media in monitoring and exposing violations of the law, light punishments and unpunished violations of the laws;
(f) Encourage law enforcement agencies at different levels, and mass organizations and research institutions to investigate the enforcement of laws in the field of sustainable development, so as to develop an effective information network supporting the enforcement process.
3.26 Enhance international cooperation in the enforcement of laws on sustainable development:
- (a) Conduct research on relevant national programmes
regarding the enforcement of sustainable development legislation; establish
appropriate information and documentation systems with the support of relevant
international organizations;
(b) Cooperate with the United Nations and international organizations in conducting training programmes for judicial and other personnel involved in the enforcement of sustainable development laws;
(c) Cooperate with appropriate foreign governments or research institutions to study the enforcement of sustainable development legislation in other countries;
(d) Cooperate in the international sphere so as to improve China's capacity to enforce sustainable development laws and to establish a system whereby feedback can be solicited regarding China's enforcement of sustainable development laws.
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