· Area of Law： Environmental Protection

· Level of Authority： Working Documents

· Date issued：07-10-2018

· Effective Date：07-10-2018

· Issuing Authority： Standing Committee of the National People's Congress

· Status： Effective

Resolution of the Standing Committee of the National People's Congress on Comprehensively Tightening Ecological and Environmental Protection and Lawfully Promoting Triumph in the Uphill Battle for Prevention and Control of Pollution
(Adopted at the 4th Session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on July 10, 2018)
At its fourth session, the Standing Committee of the 13th National People's Congress heard and deliberated the report of the Law Enforcement Inspection Group of the Standing Committee of the National People's Congress on the implementation of the Air Pollution Prevention and Control Law, made by Chairman Li Zhanshu. At the meeting, the work of the law enforcement inspection team was fully affirmed and highly commended, the law enforcement inspection report was unanimously endorsed, and the opinions and recommendations on the implementation of the Atmospheric Pollution Prevention and Control Law and securing a victory in the defense of blue sky were consented to.
It was held in the meeting that the building of ecological civilization was related to the perpetual development of the Chinese nation and the well-being of hundreds of millions of Chinese people. Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping as the core has taken the building of ecological civilization as an important part of overall advancement of the overall layout for "economic, political, cultural, social, and ecological progress" and coordinated advancement of the Four-Pronged Comprehensive Strategy, planned the launch of a series of fundamental, pioneering, and long-term work, and promoted the occurrence of historical, transitional, and overall changes in the building of ecological civilization and ecological and environmental protection in terms of practice and understanding. Nevertheless, the building of ecological civilization remains challenged by grim situation, in a critical period in which pressure is superposed and progress has to be made with burden carried, already in a period for a uphill battle to provide more quality ecological products to meet the people's ever-growing needs for a beautiful ecology and environment, and a window period in which there are resources and capabilities to resolve prominent ecological and environmental issues. At the 19th CPC National Congress, a grand blueprint for securing a victory in building a well-off society in an all-round way and securing the great victory for socialism with Chinese characteristics in the new era was formulated, and comprehensive arrangements for strengthening the building of ecological civilization and building a beautiful China were made. Fighting well the uphill battle for prevention and control of pollution is one of the three major battles to secure a victory in building a well-off society in an all-round way and is related to whether the building of a well-off society in an all-round way can be recognized by the people and can withstand historical tests. Our overall goal is to generally improve ecological and environmental quality and significantly reduce the total discharge of major pollutants by 2020. As state power agencies, the people's congresses at all levels and their standing committees shoulder the glorious mission of implementing the decisions and arrangements of the CPC Central Committee in relation to the building of ecological civilization and promoting the comprehensive and effective implementation of the legal system for ecological and environmental protection, and shall capitalize on the characteristics and advantages of the people's congress system, fulfill the duties conferred by the constitution and laws, control pollution by the weapon of law, protect ecology and environment by the power of the rule of law, and contribute to comprehensively strengthening ecological and environmental protection and promoting the tough fight for prevention and control of pollution according to the law. For the aforesaid reasons, a resolution is hereby made as follows:
I. Adhering to the guidance by Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, especially Xi Jinping Thought on ecological civilization. Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping as the core has been far-sighted and unremittingly explored, profoundly answered the major theoretical and practical questions, such as why should ecological civilization be built, what kind of ecological civilization should be built, and how should ecological civilization be built, and systematically developed Xi Jinping Thought on Ecological Civilization. Xi Jinping Thought on Ecological Civilization is an integral part of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era and provides powerful guidance for the making of historical achievements and the occurrence of historical changes in the building of ecological civilization and ecological and environmental protection. Xi Jinping Thought on Ecological Civilization, with a focus on outstanding environmental issues which the people most directly experience and made most urgent requirements for, profoundly expounds a series of new ideas, concepts, and views, for example, good ecology represents the prosperity of civilization, humankind harmoniously co-exist with nature, lucid waters and lush mountains are invaluable assets, a good ecology and environment is the most inclusive people's livelihood and well-being, mountains, water, forest, lakes, and grassland are a common community of life, the ecology and environment shall be protected by the most stringent system and the strictest rule of law, the national action for building a beautiful China, and joint planning for the global building of ecological civilization, makes top-level design and comprehensive arrangements for the building of ecological civilization, and is a powerful ideological weapon for us to protect the ecology and environment, promote green development, and build a beautiful China. All state agencies and the whole society shall regard Xi Jinping Thought on Ecological Civilization as the guidance of direction and fundamental principle, consciously integrate economic and social development with the building of ecological civilization, resolutely dispense with the practice of sacrificing the ecology and environment in exchange for economic growth for the time being and in a region, resolutely and well fight the uphill battle for prevention and control of pollution, promote the formation of a new pattern of harmonious development of man and nature in the modernization, continuously meet the needs of the people's ever-growing needs for a beautiful ecology and environment, and accelerate the building of a beautiful China.
II. Adhering to party leadership over the building of ecological civilization. Party leadership is the fundamental political guarantee for strengthening ecological and environmental protection and well fight the tough battle for prevention and control of pollution. Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping as the core has accelerated the advancement of the building of the system of top-level design and regimes for ecological civilization, successively issued the Opinions on Accelerating the Advancement of the Building of Ecological Civilization and the Overall Proposal for the Reform of the Ecological Civilization System, developed and implemented more than 40 reform proposals involving the building of ecological civilization, profoundly implemented three major action plans for prevention and control of air, water and soil pollution, and promoted the continuous improvement of China's ecological and environmental quality. According to the proposal of the CPC Central Committee for amending the Constitution, the 13th National People's Congress passed a constitutional amendment at its first session, to incorporate new development concepts, ecological civilization, and beautiful China, among others, into the fundamental law of the country. In May 2018, the CPC Central Committee convened the National Ecological and Environmental Protection Conference to make further arrangements for strengthening ecological and environmental protection and well fighting the uphill battle for prevention and control of pollution and put forward new requirements. In June, the CPC Central Committee and the State Council issued the Opinions on Comprehensively Strengthening Ecological and Environmental Protection and Resolutely and Well Fighting the Uphill Battle for Prevention and Control of Pollution. All state agencies and their staff shall firmly establish the consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment, resolutely safeguard the authority and the centralized and unified leadership of the CPC Central Committee with Comrade Xi Jinping as the core, comprehensively implement the decisions and arrangements of the CPC Central Committee, and effectively shoulder the political responsibility for the building of ecological civilization and ecological and environmental protection. Under the centralized and unified leadership of the CPC Central Committee, the leadership of party committees, the dominance by the government, enterprises as main players, and public participation shall be adhered to, cooperation shall be close, forces shall be joined, the responsibility system for leaders in the building of ecological civilization shall be put into practice, the supervisory inspection mechanism for environmental protection shall be improved, both the symptoms and the root causes shall be resolved, policies shall be comprehensively executed, the establishment of an ecological civilization system shall be accelerated, green development shall be comprehensively launched, and the focus shall be on resolving prominent ecological and environmental problems, so as to resolutely and well fight the uphill battle for prevention and control of pollution.
III. Establishing and improving a most stringent and rigorous legal system for ecological and environmental protection. Ecological and environmental protection must rely on the system and the rule of law. The protection and remediation of mountains, water, forest, lakes, and grassland shall be coordinated, the advancement of legislation on ecological and environmental protection shall be accelerated, the system of laws, regulations and regimes on environmental protection shall be improved, and the transition and coordination in the legal system shall be heightened. The development of the Law on Prevention and Control of Soil Pollution shall be hastened, so as to provide legal guarantee for the prevention and control of soil pollution. The amendment of laws, including the law on prevention and control of solid waste pollution of the environment, shall be expedited, the legal system for prevention and control of air, water, and other pollution shall be further improved, laws and regulations covering water, air, noise, residue, light, and other various environmental pollution factors shall be established and improved, a scientific, rigorous, systematic, and sound system of laws and regimes on prevention and control of pollution shall be developed, ecological and environmental risk in priority regions and valleys shall be closely prevented, and the most stringent legal system shall be used to protect the blue sky and increase green land, so as to resolutely secure a victory in the blue sky defense, focus on well defending the clean water defense, and solidly advance the clean land defense. Laws, regulations, judicial interpretations and regulatory documents on ecological and environmental protection shall be comprehensively reviewed without delay, and those contrary to, disconnected with, or unable to adapt to the law, the spirit of the CPC Central Committee, or the requirements of the era, repealed or amended in a timely manner. The State Council and other relevant parties shall promptly put forward bills relating to amending the law, speed up the formulation or amendment of administrative regulations and departmental regulations supporting laws on ecological and environmental protection, and introduce and continuously improve standards for ecological and environmental protection in a timely manner. Local people's congresses and their standing committees with legislative power shall speed up the formulation and amendment of local regulations on ecological and environmental protection, further clarify and detail the provisions of superordinate laws in light of local conditions, and vigorously explore legislation in the field of ecological and environmental protection prior to the state. The rigidity and authority of the law shall be firmly established, choices, flexibility, and discounts shall never be allowed, nor shall regional protectionism. Filing review shall be strengthened, regulations, rules, and judicial interpretations in violation of superordinate laws shall be corrected in a timely manner, so as to safeguard the unity of the socialist legal system.
IV. Vigorously boosting the comprehensive and effective implementation of the legal system for ecological and environmental protection. The life of the system lies in its implementation, and the authority of the law lies in its operation. The law enforcement inspection under the Atmospheric Pollution Prevention and Control Law has revealed the outstanding problems in the implementation of the law, and proposals for improving the work and perfecting the system have been put forward. Relevant parties shall attach great importance, seriously take corrective action, ensure that all the provisions of the Atmospheric Pollution Prevention and Control Law are effectively implemented, and successfully defend the blue sky by the strictest rule of law. All state agencies shall strictly implement the legal system for ecological and environmental protection and ensure that those having power are responsible, shoulder duties, and are held accountable for negligence of duties. The people's congresses at all levels and their standing committees shall regard the building of ecological civilization as a priority work field, by law enforcement inspection, hearing and deliberating work reports, thematic inquiries, questioning, and other supervisory means, urge relevant parties to seriously implement the laws on ecological and environmental protection, resolve ecological and environmental problems without delay, further increase investment, strengthen scientific and technological support, enhance the capacity building of ecological and environmental protection teams, especially primary-level teams, and establish and improve a long-term mechanism for control of environmental pollution. It shall be taken as the bottom line that the ecological and environmental quality can "only get better, not deteriorate," governments at all levels and relevant authorities shall be urged to shoulder the political responsibilities for the building of ecological civilization and ecological and environmental protection, the target and responsibility system for environmental protection and the evaluation and assessment system shall be established, improved, and strictly implemented, and accountability shall be strictly enforced, so as to ensure that the responsibility is placed level by level. Enterprises shall be promoted in voluntarily shouldering and fully fulfilling the primary responsibility for protecting the environment and preventing and controlling pollution, the principle that polluters must bear responsibility according to the law shall be put into practice, environmental law enforcement regulation shall be tightened, the establishment and improvement of an administrative law enforcement and criminal justice linkage mechanism for ecological and environmental protection shall be accelerated, the functions and roles of supervisory agencies and judicial agencies shall be leveraged, the civil and administrative public interest litigation system in the field of ecological and environmental protection shall be bettered, and the illegal and criminal activities relating to the ecology and environment shall be severely and toughly punished as legally required. It shall be adhered to that the law must be observed, the law must be strictly enforced, and law-breakers must be held liable, and the law shall become a rigid constraint and an untouchable high-voltage line.
V. Widely mobilizing the people to actively participate in the ecological and environmental protection. Ecological civilization is a common cause jointly participated in, joint built, and shared by the people. Under the leadership of the party, all forces shall be extensively mobilized, policies and forces shall be contributed to by all the people, and prevention and control shall be conducted by the people, so as to fight a people's war for the prevention and control of pollution. Ecological and environmental protection shall be included in the national education system and the training system for party and government leaders, the publicity and dissemination of legal knowledge relating to ecological civilization and scientific knowledge shall be tightened, a simple, moderate, green, and low-carbon lifestyle shall be advocated, the whole society shall be guided in raising the awareness of the rule of law, ecology, environmental protection, and conservation, the statutory obligations of ecological and environmental protection shall be voluntarily fulfilled, ecological ethics and codes of conduct shall be developed, and green lifestyle shall be consciously practiced. The experience of the public shall be taken as an important basis for testing the effectiveness of work and the quality of the environment, the recognition by the public shall be real recognition, and the satisfaction of the public shall be the true satisfaction. The mandatory information disclosure system for ecological and environmental protection shall be bettered, environmental quality and environmental protection targets and responsibilities shall be disclosed to the public according to the law, and the people's right to know, participate and supervise shall be guaranteed. The public opinion supervision role of various media shall be maximized, prominent ecological and environmental problems shall be revealed, and the progress in the correction shall be reported. Public supervision, reporting and feedback mechanisms and reward mechanisms shall be refined, the lawful rights and interests of informants shall be protected, and the public shall be encouraged to use legal weapons to protect the ecology and environment, so as to create a social atmosphere that advocates ecological civilization and protects the ecology and environment.
All state agencies and the whole society shall be closely united around the CPC Central Committee with Comrade Xi Jinping as the core, guided by Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, comprehensively strengthen ecological and environmental protection, well fight the uphill battle for prevention and control of pollution, and strive to build a well-off society in an all-round way and comprehensively build a great modern socialist country that is prosperous, powerful, democratic, culturally advanced, harmonious, and beautiful.