From Vermont Journal of Environmental Law:
Abstract: Chinese environmental laws and regulations are abundant, but suffer from a lack of proper adherence and enforcement. This deficiency remains prevalent because: legislative objectives remain unachieved; enforcement is superficial; excessive time exists between noncompliance and enforcement; available punishment for noncompliance is inadequate; injured parties are not properly compensated; and some environmental crimes receive administrative instead of criminal punishments. In order to overcome these current deficiencies, Chinese authorities should: establish an Environmental Supervision Bureau within SEPA responsible for “spot” law enforcement; transform the environmental protection agency into smaller, detached entities; reform current assessment methods of local governmental compliance and achievement; replace the traditional Gross Domestic Product (GDP) analysis with a Green GDP; reform current judicial management mechanisms; free courts from the influence of local governments; establish environmental public interest legislation; and create a successful procedure for enhancing public participation in Chinese environmental protection. [Full Text]
Wang Canfa, professor of law at the China University of Political Science and Law, is one of China’s most distinguished scholars on environmental law. To read other articles from “China in Transition: Environmental Challenges in the Far East.” Symposium, please click here.