The First Session of the 13th National People's Congress passed a constitutional amendment to include ecological civilization in the Constitution. So far China has 32 legislations on environmental protection and resources. Environmental legislation has entered the stage of risk control. From quality management to environmental risk management, it is clearly proposed to control ecological risks and public health risks.
How is the protection of ecological environment related to legislation and to the concept that lucid waters and lush mountains are invaluable assets? Contents of environmental protection should be added to the laws on development and utilization of resources. The Standing Committee of the National People’s Congress is formulating sub-rules of the Civil Code, requirements and contents are supposed to be added to the Property Rights Law, Contract Law, Tort Law, and even the Personality Rights Law. Environmental legislation should be further systematized to eliminate inconsistencies or imperfections.
The Yangtze River Basin is facing a severe problem, a problem about ecological environment of the river basin, which comes down to several aspects: First, the overall protection of the river basin is insufficient, and the trend of ecosystem degradation is intensifying. Second, the amount of water pollution is large while the level of governance needs to be improved. Third, the contradiction between resource development and protection is very prominent. The Yangtze River's resources are seriously overdrawn. Fourth, there are many hidden dangers of environmental risks, and heavy pressure on drinking water safety. Fifth, the industrial structure and layout are unreasonable, eco-friendly ways develops relatively insufficiently. Sixth, relevant legal system is so fragmented that an effective governance system has not been formed.
Why is there a law specifically for the Yangtze River? For the legislation of the Yangtze River, several issues must be resolved: one is the relationship between life production and ecological protection; the second is the relationship between upstream and downstream, left bank and right bank; and the third is the relationship between regional industry departments.
For the legislation of the Yangtze River, three relationships must be resolved: one is how to rank the development, utilization and protection; the second is the relationship between river basins and regions, and between regions and regions; third is the inheritance relationship between existing system and new system, which involves a problem that Yangtze River Protection Law must solve : rank for water safety, water equity and the sustainable development of water resources in the Yangtze River Basin.
How to formulate the Yangtze River Law? First, legislative positioning. It should be a piece of legislation centered on the protection of watershed resources. It should protect resources of all watersheds that use the Yangtze River as a carrier. Second, legislative space. This is a new law in China since there is no watershed legislation exists. Third, legislative approach. The Yangtze River Protection Law addresses only watershed issues. Fourth, the model of comprehensive legislation should be adopted.
How to guarantee the relationship between ecological environment and sustainable development on the legislative level? At present, we still face very big challenges and difficulties, that is, how to adapt laws to the existing administrative management system? Whether legislate according to the need of nature, or on the basis of the administrative system, the process itself can be really difficult. Maybe changing the existing administrative management system is a solution if it is necessary to accelerate the legislation process while legislation cannot solve problems at the level of legal protection.
