Green Endeavors -- Legislators have been working on ecological protection in various areas

By Lu Yan Updated: 2021-12-22

Seniors in Yangxian County in Hanzhong of Shaanxi Province, regard the crested ibis as a symbol of good luck and longevity. Thanks to decades of efforts such as natural habitat protection and artificial breeding, these auspicious birds, once almost extinct, are enjoying renewed survival in the county near the Qinling Mountains, an area extremely rich in biodiversity.

The mountains are home to 3,800 species of plants and 530 species of animals, including the giant panda, the snub-nosed monkey, the takin, the crested ibis and the black stork. In addition, it has abundant mineral resources, such as molybdenum, nickel and limestone. 

The Chinese Government has placed great importance on the ecological protection of the Qinling Mountains. Laws and regulations have been formulated to protect its ecological environment, special agencies have been established and input from governments at all levels is increasing. Currently, 176 varieties of plants and 120 animals have been placed on national or provincial-level key protection lists, while more than 510 protection units have been built, including national parks, natural reserves, drinking water source reserves, scenic spots, geological parks, wetland parks and cultural protection units.

Protecting the ecological environment has been high on the agenda of Chinese legislators, even more so with the current legislature--the 13th National People's Congress (NPC) and its standing committee which were elected over three years ago. According to Dou Shuhua, an official with the NPC's Environmental Protection and Resources Conservation Committee, legal efforts have been strengthened on ecological protection of areas including wetlands, national parks, wildlife, the Yellow River and the Antarctic.

Relentless work

China places great importance on ecological conservation, and its environmental protection has gone through a historic turnaround, Chinese top legislator Li Zhanshu said in July. Li, a member of the Standing Committee of the Political Bureau of the Communist Party of China Central Committee and chairman of the NPC Standing Committee, made the remarks while addressing the opening of the Eco Forum Global Annual Conference 2021 held in southwest China's Guizhou Province.

China has made resource conservation and environmental protection a basic state policy and sustainable development a national strategy, Li said.

Among the efforts, protecting wild animals caught the public's attention, especially after the trading and eating of wild animals was once suspected of being related to the spread of the novel coronavirus. In 2020, the NPC Standing Committee adopted a decision on thoroughly banning the illegal trading of wildlife and eliminating the consumption of wild animals. The move aimed to safeguard biological and ecological security and effectively prevent major public health risks, among other things.

Given that a comprehensive revision of China's law on the protection of wildlife takes time, it was both necessary and urgent for the NPC Standing Committee to adopt an urgent special decision during the critical moment of epidemic prevention and control, said Zang Tiewei, a spokesperson for the NPC's Legislative Affairs Commission (LAC). By enforcing a complete ban on the consumption of wild animals and a severe crackdown on illegal wildlife trade before relevant laws could be amended, the decision provides a legal shield against the virus and protects people's safety and health.

The decision stipulates that the consumption of terrestrial wild animals of important ecological, scientific and social value that are under state protection, as well as other terrestrial wild animals, including those that are bred or reared in captivity, shall be prohibited.

The hunting, trading and transportation of terrestrial wild animals that naturally grow and breed in the wild for the purpose of consumption shall also be banned. It also says that illegal consumption and trade of wildlife shall be severely punished.

Wildlife protection cannot succeed if their habitats are not protected. At the beginning of 2021, Chinese lawmakers deliberated a draft law on wetlands protection, the country's first national legislation on conserving its lakes and swamps. In January, a draft law on wetlands protection was submitted to the NPC Standing Committee for first review.

In strengthening the management of wetlands, the draft stipulates that a national catalog of important wetlands shall be compiled by forestry and grassland authorities and other related departments of the State Council, while provincial-level governments shall compile catalogs of important wetlands within their own jurisdiction.

The draft prohibits any organization or individual from destroying the habitat of birds and aquatic life in wetlands. Those breaching the law may be fined up to 1 million yuan ($154,525) or face criminal penalties if their violations constitute crimes, according to the draft.

In addition to the law on wetlands protection, 12 environmental protection laws have been drafted or revised in the past three years, along with enforcement inspections for laws on the prevention and control of air, water and soil pollution, Dou said, adding that "What we want is to win a critical battle against pollution by advancing the rule of law."

Highlighting the importance of pollution control, the NPC Standing Committee plans to draft and amend laws on environmental assessments. Dou said the Standing Committee will inspect the enforcement of the revised Law on Prevention and Control of Environmental Pollution by Solid Waste to promote waste sorting, prohibit the importation of waste and improve the disposal of medical, agricultural and hazardous refuse.

Making and revising laws on environment-related industries will remain a top priority in China's legislative work agenda to provide more legal support for green development, according to Xu Anbiao, deputy head of the NPC Standing Committee's LAC.

Laws on resource utilization, such as those regarding minerals, grasslands and fisheries also need to be revised, Xu said, adding "our goal is to protect the environment through increasingly powerful legislative measures, making our nation a desirable place to live in."

The NPC Standing Committee is also considering strengthening reviews of environment-related normative documents such as judicial interpretations and administrative regulations to make sure they do not contradict the Constitution or national laws, according to Xu. In addition, legislators will conduct more research on compiling environment-related laws into a code to further improve the quality of legislation, he added.

Solving challenges

Despite constant legislative efforts on ecological protection, there are still deficiencies in the implementation of the law, Dou said. For example, one of the prominent issues is the lack of scientific, technological and capital support. 

"China's basic research projects on ecological and environmental protection are relatively weak, and research on the causes of pollution and treatment needs to be strengthened," Dou explained. Moreover, current treatment and repair technologies are not yet efficient, safe and cost-effective. Eco-environmental protection funds are mostly provided by government at all levels, while a diversified investment model with various resources of investment has yet to be established.

In addition, the inspection found out that there is still room for improvements concerning some standards, such as the emissions standards for air and odor pollutants. Some standards are not coordinated or are even contradictory. In some places or regions, the standards and plans required by law have not been fully implemented.

Meanwhile, the majority of the people lack law awareness and the ability protect the ecological environment through legal means.

In this regard, Dou said that the NPC should enhance its supervisory effectiveness. For example, the NPC Standing Committee has taken some effective measures in recent years to track and monitor the execution of environmental laws by listening to and reviewing feedback reports.

For the past three years, the Standing Committee has explored various ways of inspecting law enforcement. For instance, by combining open and secret, as well as regular and random investigations, it has examined over 170 organizations and programs on the law enforcement of air, water and soil pollution control, among others. Wrongdoings and illegal activities were exposed to the public.

Moreover, experts were invited to assess the environmental law enforcement status quo, producing appraisal reports for future work reference.

"Supervision can serve as motivation and as trong push in promoting legislation and law enforcement," Dou said.

NPC deputies have been making suggestions in specific fields based on their area of expertise. Zhao Wanping, Vice President of Anhui Academy of Agricultural Sciences, said that technical challenges and lack of standards for the treatment of conventional air pollutant emissions reduction have led to the emissions of a large number of unconventional pollutants, which is a critical cause of smog. He suggested that by improving technical measures to collect exhaust gas, water vapor and waste heat, industrial enterprises can achieve multiple benefits in energy- and water-conservation,  smog and carbon reduction.

Dang Yongfu, head of the Engineering Technology Center of Cultivated Land Quality Protection in Henan Province, has been promoting ecological agriculture for years. "Fine control and systematic treatment of chemical fertilizers, pesticides and other substances input can greatly reduce farming costs and pollution emissions in agricultural production, further improving the rural ecology and environment, and maintaining clear waters, green mountains and rural scenery," he said. 

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