Over recent decades, China’s environmental law system has undergone significant development. However, persistent structural deficiencies in the legislative model continue to undermine the coherence and effectiveness of this framework. The lack of a unified legislative structure has resulted in a fragmented, duplicative, and reactive environmental legal system, where incremental amendments fall short of addressing systemic shortcomings. A comprehensive restructuring is essential to enhance environmental legislative quality, ensure enforceability, and align with China’s commitment to ecological civilization and high-quality green development. Developing an Environmental Code in China presents a transformative opportunity to consolidate disparate provisions, eliminate contradictions, and establish a robust, integrated legal foundation for sustainable environmental governance. This chapter looks into the background, major theoretical debates, challenges, and proposed solutions concerning China’s environmental law codification process.

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Environmental Law Codification in China: Toward a Coherent Legal Framework for Ecological Civilization

  • Xiaobo Zhao,
  • Noeleen McNamara,
  • Zhenglian Zhang

摘要

Over recent decades, China’s environmental law system has undergone significant development. However, persistent structural deficiencies in the legislative model continue to undermine the coherence and effectiveness of this framework. The lack of a unified legislative structure has resulted in a fragmented, duplicative, and reactive environmental legal system, where incremental amendments fall short of addressing systemic shortcomings. A comprehensive restructuring is essential to enhance environmental legislative quality, ensure enforceability, and align with China’s commitment to ecological civilization and high-quality green development. Developing an Environmental Code in China presents a transformative opportunity to consolidate disparate provisions, eliminate contradictions, and establish a robust, integrated legal foundation for sustainable environmental governance. This chapter looks into the background, major theoretical debates, challenges, and proposed solutions concerning China’s environmental law codification process.