China advances ecological governance under the rule of law
China's Ecological and Environmental Code came into effect on August 15, 2026. Unlike the "environmental codes" or "ecological codes" found in other countries, this is the world's first legal code specifically named for the ecological environment. How will the code support high-quality development? What distinctive Chinese approaches and practices in ecological and environmental governance does it embody?
Huang Haihua, director of the Research Office under the Legislative Affairs Commission of the Standing Committee of the National People's Congress, recently shared his insights on the code in an interview with People's Daily.
Huang noted that the Ecological and Environmental Code consolidates the theoretical, institutional, and practical achievements of China's ecological civilization development in the new era. It marks a new phase in China's systematic, law-based approach to ecological and environmental governance.
One notable shift lies in the evolution of societal concepts. In 1989, Article 4 of the General Provisions of the Environmental Protection Law stipulated that "environmental protection shall be coordinated with economic and social development". The 2014 revision reversed this logic, declaring instead that "economic and social development shall be coordinated with environmental protection".
Going further, the new Code explicitly requires "coordinating industrial restructuring, pollution prevention and control, ecological conservation and climate-change response, while pursuing the synergy of carbon reduction, pollution abatement, ecological expansion, and economic growth". As practice advances, understanding deepens, and laws continue to evolve.
The Ecological and Environmental Code seeks to balance high-quality development with high-standard protection. It contains a dedicated section on green and low-carbon development, highlighting ecological conservation, the efficient use of resources, and sustainable economic growth.
Under the traditional logic of industrialization, ecological conservation was viewed as a drawback to development: pollution control raised costs, environmental protection was seen as a burden, and nature was regarded as a constraint. Guided by the new development philosophy, ecological governance is now seen as a "multiplier" of value, while lucid waters and lush mountains themselves are a rich source of value.
The Code establishes a dual-control system for total carbon emissions and carbon intensity. This creates a clear policy direction: promoting renewable energy, controlling fossil fuel consumption, advancing research and application of green and low-carbon technologies, and fostering new, high-quality productive forces tailored to local conditions.
What makes the Ecological and Environmental Code innovative and influential on a global scale?
Huang explained that the Code adopts a codification approach rather than simply compiling existing laws and regulations, demonstrating stronger capacity for systemic integration and institutional innovation.
China is a major country with a population of more than 1.4 billion and one of the few countries in the world with a complete range of ecosystems encompassing mountains, rivers, forests, farmland, lakes, grasslands, and deserts. Its codification of ecological and environmental laws, along with its advancement of ecological civilization, will have an indispensable and significant impact on global ecological governance and environmental well-being.
In terms of innovation, the Code elevates mature practices and experience into legal provisions, while laying down principles for areas that still require further exploration. For example, a new section on pollution prevention and control has been added to address emerging issues involving new chemical substances, electromagnetic radiation, and light pollution -- thereby filling gaps in traditional legislation.
In terms of its guiding significance, the Code does not address individual issues in isolation. Instead, it replaces fragmented approaches with systems thinking, promoting a shift from controlling single pollutants to coordinating the management of multiple forms of pollution. It strengthens the systematic conservation of mountains, rivers, forests, farmland, lakes, grasslands, and deserts, and establishes green and low-carbon development as a source-oriented approach to addressing ecological and environmental challenges. In doing so, it enhances the systemic, holistic, and coordinated nature of ecological and environmental governance.
How can people feel the impact of a code that brings together more than 30 laws, over 100 administrative regulations, and more than 1,000 local regulations?
Huang said a sound ecological environment is the most universally beneficial form of public well-being. Protecting public health and people's rights and interests related to the ecological environment is both a legislative purpose of the Ecological and Environmental Code and a top priority for its full and effective implementation.
The code is tangible in matters that affect people's daily lives. For example, in addressing cooking-fume pollution, it emphasizes source-based planning and requires relevant authorities to provide guidance when registering catering businesses. Regarding noise pollution, it highlights the improvement of standards and management and encourages parties to resolve disputes through consultation as a first option. Regarding straw burning, it avoids a one-size-fits-all approach by authorizing provincial-level and higher governments to designate areas and periods where open burning is prohibited.
In simple terms, the Code addresses the issues that matter to people in their daily lives, helping ease the problems and inconveniences caused by pollution.
Its impact is also reflected in stronger institutional enforcement. The Code establishes a system for compensation for ecological and environmental damage, clearly defining applicable circumstances, responsible parties, and procedures for making claims. It also takes tougher action against practices such as falsifying information and issuing fraudulent reports by raising fines and imposing restrictions on professional activities.
Only the strictest systems and the strongest rule of law can provide the most reliable safeguards.
The Ecological and Environmental Code adopts an approach of "moderate codification," making the Code itself more guiding and inclusive. In the fields of ecological conservation and green and low-carbon development, individual laws outside the code are allowed to develop alongside it, complementing the Code and preserving flexibility within the legal system.
As new circumstances and needs emerge, laws governing green and low-carbon development will also be revised and formulated accordingly.
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