The legislative and administrative organs are the main structure of China's environmental management system. The legislative organ exercises its power by making laws and supervising the administrative work of government. The administrative organ works in accordance with the law. Through many years' practice, the environmental management system, taking into account the extensiveness and comprehensiveness of environmental protection, has been initially established with the unified supervision and management by the competent administrative department of environmental protection, and based on the environmental management system of division of responsibility among the concerned departments.
1. Role of the Legislature
(1) The National People's Congress is the highest organ of state power. The important laws such alas "The Constitution of the People's Republic of China", "The Environmental Protection Law of the People's Republic of China" (which will be called here the "Environmental protection Law" for short), are enacted by the National People's Congress and its Standing Committee. "The Constitution of the People's Republic of China's the fundamental law in which article 26 stipulates:
"The State protects and improves the living environment and the ecological environment, and prevents and remedies pollution and other public hazards."
And other articles also provide:
"The State ensures the rational use of natural resources and protests rare animals and plants. The State protects places of scenic and historical interest. The State organisms and encourages afforestation and the protection of forests."
The National People's Congress has also enacted the following laws: "The Maritime Environmental Protection Law", "Water Pollution Prevention and Treatment Law", "Air Pollution Prevention and Treatment Law" etc.. In addition there are specific laws concerning environmental protection and laws closely connected with environmental protection and laws closely connected with environmental protection such as "Mineral Resources Law", "The Forestry Law", "Prairie Law", "Wild Animal Protection Law", "Fishing Industry Law", "Land Control Law", and "Water Law". Many legislative activities have been carried out which have provided a legal basis f or China's environmental protection work and state environmental protection management system.
(2) The People's Congress and its standing committees at provincial and municipal l levels may make local regulations in accordance with local conditions, as the legal basis for local environmental control, with the precondition of not violating the state laws. The people's congresses of minority autonomous regions have the power to make autonomous environmental protection regulations and specific regulations according to local realities. Statistics showed that 127 local regulations were issued in 30 provinces, autobus regions and municipalities (not including Taiwan), consolidating the system of environmental protection laws and regulations.
(3) The National People's Congress and local people's congress at different levels all have the function of supervising the application of laws and regulations and regulations and work of the government, including supervision over environmental protection work. their main means are as follows: to examine the report on government work at regular sessions of the congress; to put forward motions, com meets and suggestions; to study, prove, examine and approve major projects which have environmental implications; to inspect and examine the work of government on environmental protection, etc.. At present, supervision over environmental protection work by the people's congress has been institutionalized. The National People's Congress has inspected the environmental protection work in Beijing, Shanghai, Fujian, and Heilongjiang. The People's Congress of Shanxi Province has s et up a special committee for environmental protection, and their supervision over government work on environmental protection has also been standardized
2. Role of Administrative Organs
The administrative organ, as the organ of state power, is the executive organ of the People's Congress. It exercises, abiding by the law, the function of administrative control over environmental protection as the People's Government. In China, this task is taken by the State Council and the People's Government at different levels.
(1) The State Council, that is, the central people's government, exercises leadership over administrative work of the whole country, including administrative work on environmental protection and making and issuing administrative laws and regulations concerning environmental protection. By government order, the National Environmental Protection Agency is the competent authority in national administrative work on environmental protection, and it exercises unified supervision and control over environmental protection nationwide. In accordance with the regulations of the law and the State Council, the jurisdiction of the regulations of the law and the State Council, the jurisdiction of the National Environmental Protection Agency mainly includes: drafting laws and regulations of the law and the State Council, the jurisdiction of the regulations of the law and the State Council, the jurisdiction of the National Environmental Protection Agency mainly includes: drafting laws and regulations concerning environmental protection; formulate principles, regulations concerning environmental protection; formulate principles, policies, programmes and plans; issuing environment standards; supervising treatment of pollution; organizing the work of environmental control; investigating and dealing with major pollution incidents; taking responsibility for environment monitoring statistics; releasing bulletins of environmental conditions ; organizing scientific and technological research in environment; carrying out propaganda work, education and training in environmental protection and conducting international exchanges in the related field.
In order to effectively practice environmental control, the National Environment al Protection Agency's jurisdiction also covers research institutes such as the China General Monitoring Station for Environment, China Environmental Science Research Institute, and affiliated units such as the Policy Research Centre Training Base, the China Environmental News and China Environmental Science Press. These organizations have provided support for the unified supervision and control by the National Environmental Protection Agency.
Organs responsible for environmental control have also been set up in other comprehensive departments of the State Council such as the State Planning Commission, the State Science and Technology Commission, in the resources control departments of the Ministry of Agriculture, the Ministry of Forestry, Maritime Administrative Bureau, and in the industrial departments of the Ministry of Metallurgical Industry, Ministry of Chemical Industry, Ministry of Energy, etc. These organizations exercise power over environmental protection work in the respective departments, abiding by the Environmental protection Law, the laws and regulations concerned and the decisions on environmental protection and the division of responsibility decided by the State Council.
(2) The Environmental Protection Law provides that the local people's government at different levels, should be responsible for environmental quality within their jurisdiction, and should take measures to improve environmental quality, and appoint responsible persons for environmental quality management in legal terms. Therefore, importance has been attached to environmental protection by the people's governments at different levels and by the competent personnel.
There are corresponding administrative bodies for environmental protection in the local people's government above the county level. Most of these are organized as bureaus. These organizations, representing the local government, exercise unified control and supervision over environmental protection work. Establishments such as environmental monitoring stations, supervision institutes, science research institutes, training, propaganda and education centres have been established in most of these environmental protection bureaus. The corresponding environmental protection organizations have been falsest up in bureaus or departments at the level of provincial governments and in big and mediums-sized enterprises, which serve as an extension of ministerial control over environment in the localities. These organizations are responsible for the specific environment control work of respective departments or enterprises, so a unified supervision and control system of environmental protection based on division of responsibility and power between departments has also been formed accordingly.
(3) A sound environmental control network has been formed, ranging from the Natal Environmental Protection Agency to environmental protection organizations at provincial, municipal, prefectural and county levels and down to grassroots organizations and responsible persons, with the higher body supervising the lower. Some important laws and regulations and a control system concerning environmental protection have been applied under the unified supervision and control of environmental implications, discharged sewage treatment and construction project control, and quantitative assessment of urban overall environment control and treatment, sewage disposal permits, on-spot investigation of pollution, investigation and treatment of pollution incidents, etc..
(4) Apart from the environmental protection work of unified supervision and control by the competent administrative authorities for environmental protection, there is a high level coordinating body in the government, that is, the Commission of Environmental Protection of the State Council. Organizations of this kin d have been set up from the level of the State Council to the local governments. The main responsibilities of the commission are: to study, evaluate and, decide planning requirements; to direct, organize and coordinate nation-wide environmental protection work (the executive organizations of the commission are the environment al protection bureaus); and to study and discuss major problems at regular meetings in a timely way. It can be said that the environmental protection commission has formed a network and become an important component of the environmental protection system in the country.
China is confronting new circumstances in deepening its reform and further opening-up. Economic development will be speeded up in accordance with the important requirement of moving towards the coordinated development of environmental protection and economic development. The existing system of environmental protection has been playing a major role. However, problems which cannot keep pace with development still remain. For instance coordination is required on the re-Latinos p between localities and departments, and the division between functions, responsibilities and powers. Reform in the administrative system for environmental management also requires further study.