China is poised to enact a comprehensive ecological and environmental code that represents a transformative leap in environmental legislation, aligning national strategies with global sustainability goals. The code, expected to be ratified during the current National People’s Congress session, will become China’s second formal statutory code following the Civil Code of 2020.
The groundbreaking legislation establishes a unified legal framework addressing pollution control, ecological conservation, green development, and climate action. According to NPC spokesman Lou Qinjian, the code creates a solid legal foundation for achieving modernization through harmony between humanity and nature, making environmental legislation more systematic, integrated, and responsive to emerging challenges.
The development process involved unprecedented stakeholder engagement. Lyu Zhongmei, vice-chairperson of the NPC Environmental Protection and Resources Conservation Committee, revealed that the drafting process incorporated over 200,000 characters of revision suggestions from scholars, enterprises, and government bodies through more than 50 research meetings. The current version contains more than 420 substantive changes from the initial draft, meticulously aligned with China’s updated climate commitments.
Notably, the code introduces innovative provisions addressing human-wildlife conflicts that have emerged alongside ecological improvements. The legislation establishes compensation mechanisms for injuries or property damage caused by protected wildlife and exempts legal liability for emergency self-defense actions, prioritizing human safety while maintaining conservation principles.
The code also tackles longstanding governance fragmentation, particularly in water management, by mandating integrated approaches to water resources, environment, and ecosystems. This addresses the notorious ‘nine dragons managing water’ phenomenon where multiple agencies have overlapping responsibilities.
In waste management, the code strengthens extended producer responsibility requirements, particularly for traction batteries used in electric vehicles and energy storage systems. Manufacturers must establish recovery systems aligned with their sales volume, either independently or through third parties. The legislation also promotes recycled materials through certification systems and usage mandates.
The code establishes China’s first legal framework for climate action, incorporating mechanisms for controlling total carbon emissions and intensity based on China’s 2030 peak carbon and 2060 neutrality goals. This represents a significant evolution from the current energy consumption control system.
International environmental law experts recognize the code’s global significance. Dimitri de Boer of ClientEarth noted that China’s comprehensive approach offers developing nations a template for integrating pollution control, biodiversity protection, and climate governance into a coherent legal architecture. The code demonstrates how major economies can achieve full-scale green transformation while maintaining economic development.
