1 - 1A FORMULATION AND AMENDMENT OF LAWS
FOR CHINA'S SUSTAINABLE DEVELOPMENT

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1. Project Summary and Relationship to China's Agenda 21

This project aims to establish and improve the legal system for the protection of China's environment and resources in order to safeguard the smooth enforcement of China's sustainable development strategy. Certain laws and administrative regulations, especially those on the protection of the environment and resources will be formulated or amended.

This project is based on programme area 3A of China's Agenda 21, and is related to programme areas 2A and 3B.

2. Background

Legislation relating to sustainable development is fundamental in putting these policies and measures into action. The Chinese Government has placed great emphasis on the development of a legal system for sustainable development. As of May 1996, China has promulgated 5 laws on environmental protection, 9 laws on the conservation of natural resources, more than 30 administrative regulations on environmental protection and 364 environmental standards, such as the Law of Environmental Protection (revision), the Law of Water Pollution Prevention and Control (revision), the Law of Atmospheric Pollution Prevention and Control (revision), the Law of Solid Waste Pollution Prevention and Control, the Law of Energy-Saving, the Regulation on Wild Animal Protection, the Regulation on Wild Aquatic Animal Protection, the Regulation on the Enforcement of the Soil Erosion Control Law, the Regulation on the Enforcement of the Mineral Resources Law, and the Provisional Regulation on the Water Pollution Prevention and Control in the Huaihe Basin, etc.. In addition, China has formulated dozens of laws and over 100 administrative regulations governing economic development.

However, there still exist many loopholes and much imperfection in the current laws and administrative regulations for protecting the environment and resources. Furthermore, these laws and regulations are mostly based on the centrally planning economic system, and some of them can serve as safeguards for the environment and sustainable development of China in the course of the transition to a socialist market economy. Moreover, China's external economic legislation has to be adapted in line with international treaties, protocols, and common practices.

This project aims to fill the gaps in the current legislative system in order to improve China's legal system for sustainable development and environmental protection. It also seeks to modernise China's current environmental laws, administrative regulations, and related economic legislation to ensure China's sustainable development strategy.

The formulation of laws mentioned in this project have been placed on the legislative agenda of the State Council which has commissioned relevant departments to investigate and study the proposals. Some of these departments have already set up drafting groups to prepare an implementation plan for this project.

3. Objectives

3.1 Long-term Objective

To establish a legal system for environmental and resources protection which would safeguard sustainable development and accord with the framework of the socialist market economy.

3.2 Immediate Objectives

• To comprehensively evaluate China's current legal system for environmental and resources protection, and to investigate and study the guiding ideology and fundamental principles of the current legislation;
• To formulate new laws and administrative regulations for the protection of the environment and resources, and to fill the loopholes in the current legal system;
• To amend, supplement and improve China's current laws and administrative regulations in accordance with the principles of sustainable development.

4. Outputs and Activities

4.1 Research on China's legislative basis and China's legal system for environmental and resources protection

• To study the overall framework of China's legal system under a socialist market economy;
• To study the basic techniques of China's legislative process, and put forward proposals that would improve China's legislation in this area;
• To investigate, study and evaluate the current condition of the environmental and resources protection in China;
• To study China's legal system for the protection of the environment and resources, and to propose ways to improve and perfect it.

Monitoring Indicators: a report on the framework of China's legal system in the socialist market economy, a report on China's legal system for the protection of the environment and resources.

Implementing Agencies: the Bureau of Legislative Affairs of the State Council, the Committee of Environmental and Resources Protection of the National Peopleís Congress.

Time Schedule: January 1997 - December 1998

4.2 Formulation of laws and administrative regulations on environmental and resources protection and sustainable development

• To formulate the Land Law of the Peopleís Republic of China. To investigate and study special subjects related to the current situation and the existing problems arising from the land use, protection and administration. The subjects include: (1) land administration system under a market economy; (2) the property rights system: (3) the land registration system; 4) the measures and steps for farmland protection; (5) the collective land policies adopted by the State; (6) the macro-regulation system for the use of the land; (7) the requisition system of land; (8) the land tax and dues system; (9) the legal liability of land;
• To formulate the Flood Control Law and to investigate and study the history and current situation of China's flood control. To propose legislative and economic measures relating to the construction and management of the flood control works, and the resettlement of the population in the flood storage or discharge area;
• To formulate administrative regulations related to the Solid Waste Pollution Prevention and Control Law, such as the Regulation on Hazardous Waste Management;
• To investigate China's current oceanic administration, and collect the relevant regulations which have been adopted by the coastal provinces, autonomous regions and municipalities directly under the central government, and to formulate the Regulation on the Administration of Ocean Usage;
• To formulate the Regulations on the Administration of the Environmental Protection for the Development and Construction Activities, to inspect the enforcement of the Environmental Protection Measures of Construction Projects, and to analyse existing problems and propose solutions;
• To complete the relevant economic legislation including the Law on Fixed Assets Investment, Social Insurance Law, and Measures on the Non-gratuitous Acquirement of the Rights of Prospecting and Mining, and to study the social and economic measures that safeguard sustainable development.

Monitoring Indicators: Land Law (draft), Flood Control Law (draft), Regulations on Hazardous Waste Management (draft), Regulations on the Administration of Ocean Usage (draft), Regulations on the Administration of the Environmental Protection for the Development and Construction Activities (draft), Law on the Fixed Assets Investment (draft), Social Insurance Law (draft), Measures on the Non-gratuitous Acquirement of the Rights of Prospecting and Mining (draft).

Implementing Agencies: the Bureau of Legislative Affairs of the State Council, the Committee of Environmental and Resources Protection of the National Peopleís Congress.

Time Schedule: January 1997 - December 2000

4.3 Amendment of laws and regulations which are not supportive to sustainable development

• To collect and translate related foreign legislation, especially those amendments to the relevant laws in recent years. Analyse and summarise the relevant foreign legislation to provide useful information;
• To survey and study the main problems exiting in the enforcement of current laws and regulations, and propose corresponding solutions;
• To organise relevant departments to complete the drafting work of the amendments of the following laws and regulations by the year 2000: Grassland Law (amendment), Fishery Law (amendment), Water Law (amendment), Railway Law (amendment), Law on the Administration of Medicines and Chemical Reagents (amendment) in accordance with the legislative agenda and plan of the State Council.

Monitoring Indicators: Grassland Law (draft amendment), Fishery Law (draft amendment), Water Law (draft amendment), Railway Law (draft amendment), Law on the Administration of Medicines and Chemical Reagents (draft amendment).

Implementing Agencies: the Bureau of Legislative Affairs of the State Council, the Committee of Environmental and Resources Protection of the National Peopleís Congress.

Time Schedule: January 1997 - December 2000

4.4 Capacity building

• To educate and upgrade the capability of the personnel of the Bureau of Legislative Affairs, the Committee of Environmental and Resources Protection of NPC, relevant ministries of the State Council, and the legislative bodies of provincial governments with legislative fundamentals;
• To send members of the legislative bodies of the central and provincial governments to developed countries to learn their legal systems and legislative techniques;
• To send a few of the young promising legislators USA, France, Japan and Germany for study on these developed countries' legislation;

laws and administrative regulations.

Monitoring Indicators: an investigation and research report on the legislation systems and legislative technology of developed countries, training 50 highly capable legislators.

Implementing Agencies: the Bureau of Legislative Affairs of the State Council, the Committee of Environmental and Resources Protection of the National Peopleís Congress.

Time Schedule: January 1997 - December 2000

5. Inputs

5.1 Chinese inputs

The Chinese inputs are mainly used for project management, the collection and publication of domestic legislative data, special funds for legislative projects, investigation, research and demonstration activities, domestic experts and transportation costs, office facilities and training for the legislative members in China.

5.2 International Inputs

The international inputs are used for the collection, translation and publication of foreign legislative materials, foreign experts, co-operative researches with international organisations, foreign institutions, colleges and universities, tours and training of the legislative members abroad, organisation of international conferences and exchange of research achievements.

5.3 Budget

The total input of this project is estimated at US$ 2 million, of which US$ 550,000 will come from Chinese sources and the remaining US$ 1.45 million from international sources.

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Table 1. Budget by Item (in million US dollars)

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Table 2. Budget by Output (in million US dollars)

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6. Benefits

Collecting basic data and information on the current laws and their implementation would provide a practical framework for a legal system on the protection of the environment and resources. The formulation and implementation of the new environmental laws, regulations, and amendments would ensure the sustainable development of China. This project would also promote co-operation and experience exchange on sustainable development legislation between China and the international community.

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7. Risks

The immediate objectives mentioned in this project are considered feasible. They have all been placed on the legislative agenda of the State Council. However, this does not rule out the possibility that some legislative programs may not meet the stated schedule (e.g., they may be found unnecessary or immature after comprehensive studies). In addition, as this project involves many departments and participants in the State Council, there may be some difficulty in harmonising their activities. However, the Bureau of Legislative Affairs of the State Council could enhance the project management by monitoring the activities of relevant departments on a regular and irregular basis to assure continuing progress in the formulation and promulgation of these laws and regulations.

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