On 28 April 2025, the Draft of the Ecological and Environmental Code of the People’s Republic of China (hereafter: Environmental Code) was submitted for deliberation to the 15th Session of the Standing Committee of the 14th National People’s Congress [1], marking a pivotal step in the development of China’s legal framework for environmental protection and climate action. The codification provides a framework to resolve the overlap and sometimes contradictory nature of laws and regulations in the fields of environment, climate change and biodiversity, while also addressing potential gaps [2].
The draft, now open for public consultation until 13 June 2025, aims to systematically integrate and refine existing environmental laws, reflecting China’s commitment to sustainable development by enhancing the coherence and effectiveness of the environmental legal framework at home, as well as strengthening global environmental governance.
Structure and key provisions of the draft Environmental Code
The draft Environmental Code entails 1,188 articles structured into five chapters [3]:
- Chapter 1 – General Provisions clarifies legislative purpose, definition and scope as well as basic principles for supervision and management, planning, environmental standards and environmental impact assessment, to safeguard measures as well as information disclosure and public participation to name just a few. It lays the foundation for the other four chapters of the draft.
- Chapter 2 on Pollution Prevention and Control consolidates and revises provisions on pollution prevention and control in existing relevant laws, in particular addressing air pollution, water pollution, soil contamination, solid waste, noise, radioactive pollution, chemical substances, electromagnetic radiation, and light pollution.
- Chapter 3 on Ecological Protection represents a seismic shift from previous legislative thinking focusing on the concept of systematic protection rather than single elements. It calls for advancing major projects focused on protecting and restoring key ecosystems, in particular forests, grasslands, wetlands, seas and marine islands, rivers, lakes, deserts, snow-capped mountains, glaciers, and croplands.
- Chapter 4 on Green and Low-Carbon Development focuses on circular economy, energy efficiency as well as green and low-carbon energy transition. It also includes a sub-chapter dedicated to addressing climate change.
- Chapter 5 on Legal Liability and Supplementary Provisions gathers, organizes, and improves the existing rules about legal liability, specifying actions required and forbidden by law.
The Ministry of Ecology and Environment under the State Council (Article 17) is responsible for supervision and management of national environmental protection, policy planning and standardization, as well as monitoring and evaluation, enforcement and accountability.
The Ministry of Natural Resources under the State Council (Article 17), is responsible for supervision and management of developing, utilizing, and conserving natural resources, control of developing, protecting, and restoring territorial space throughout the country.
Addressing climate change
Notably, the chapter on Addressing Climate Change (4.4 /Articles 1021–1046) introduces foundational principles to guide future legislation and practices in areas such as carbon peaking and neutrality, green transition, and climate adaptation. This section addresses critical gaps in China’s current legal framework, where specialized laws for climate action remain underdeveloped
Emphasizing systemic governance, the draft clarifies institutional roles for climate-related initiatives. The National Development and Reform Commission (NDRC) is designated to lead coordination for carbon peaking and neutrality, while the Ministry of Ecology and Environment (MEE) oversees national climate strategies, including carbon market operations, product carbon footprint management, Nationally Determined Contributions (NDC) formulation, emissions inventory reporting, and international climate negotiations. These provisions aim to unify once fragmented policies and enhance accountability for meeting China’s climate goals.
Guiding legislation and enforcement
The Environmental Code, as a high-level law, is expected to contribute to more legal authority and stability. Professor Wang Canfa from China University of Political Science and Law, a legal adviser for the Ministry of Ecology and Environment (MEE), remarked that drafting the code is a crucial step toward advancing the construction of a beautiful China and promoting the harmonious coexistence of humans and nature within a legal framework [2]. The codification shall enable the systematic integration of legislation, fill gaps in the legal framework, elevate the status and authority of environmental laws, and make their enforcement and compliance more convenient.
As China’s first comprehensive environmental code, the draft signifies a shift from sector-specific laws and policy regulations to an integrated legal mechanism. By embedding climate action and green development into its core, the code lays the groundwork for long-term ecological resilience, technological innovation, and international cooperation. It is set to become China’s second formal statutory code, after the Civil Code, which was adopted in 2020 [4].
Further reading:
[1] National People’s Congress (2025): Draft for Comments (CN)
[3] National People’s Congress (2025): The Code Debuts (CN)
[4] Xinhua Headlines: China unveils draft of its first-ever environmental code (EN)
