Chinese Environmental Protection: Between National Laws and Governance System

Abstract

Purpose

This chapter investigates and explores the array of political and social factors which influence the Chinese system of environmental protection, shedding light on the Chinese political and juridical process in constructing a stricter and more incisive legal framework.

Methodology/approach

Starting by observing national macroeconomic data, this chapter explores how the Chinese governance system affects the implementation of the legal framework of environmental protection. In addition, it also traces a brief panorama of the most important laws framing environmental protection in China.

Findings

Over the years, the Chinese environmental protection system has been strongly affected by the national multilayered governance system. Nevertheless, the initiative launched by China (more intensively starting from the 11th five-year plan) to build a more virtuous environmental protection system now seems to be returning positive results, in both the renewed legal framework and – even more so – in the attempt (through addressing environmental issues) to reform the entire apparatus of national governance.

Practical implications

The multi-structured national system, which hides conflicting political and economic interests at central and local levels, represents one of the biggest problems for China. This chapter argues that only through a deep reform of the national management scheme can China really guarantee a better future for its environment.

Originality/value

Literature on Chinese environmental protection tends more often to investigate the legal aspect when edifying its environmental legal framework. Very few studies combine economic data and political analysis when studying the Chinese legal framework and its implementation.

Citation

Monti, F. (2016), "Chinese Environmental Protection: Between National Laws and Governance System", Spigarelli, F., Curran, L. and Arteconi, A. (Ed.) China and Europe’s Partnership for a More Sustainable World, Emerald Group Publishing Limited, Leeds, pp. 145-158. https://doi.org/10.1108/978-1-78635-332-020161006