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生态环境法典草案进入三审 学者呼吁明确公民环境权
Di Yi Cai Jing· 2025-12-24 05:52
Core Viewpoint - The draft of the Ecological Environment Code is under review, emphasizing the need to include citizens' environmental rights and obligations in the legislation [1][2]. Group 1: Legislative Context - The Ecological Environment Code is the second law in China named as a "code," and its review has garnered significant public attention [1]. - The draft is set to be presented to the 19th meeting of the 14th National People's Congress Standing Committee on December 22 [1]. Group 2: Environmental Rights - Cai Shouqiu, a prominent legal scholar, advocates for the inclusion of citizens' rights to a clean and healthy environment in the Ecological Environment Code [1][2]. - The recognition of environmental rights aligns with international standards, as 156 out of 193 UN member states have legally acknowledged such rights [1]. Group 3: Current Legal Framework - There is a noted tendency in China's environmental law to emphasize citizens' obligations over their rights, which Cai argues is inconsistent with global practices [4][6]. - The draft currently mentions "pollution rights," which may mislead the public into thinking that pollution is being authorized rather than restricted [4][5]. Group 4: Recommendations for Improvement - Experts suggest that the Ecological Environment Code should clearly define public environmental rights and eliminate the term "pollution rights" [6]. - A comprehensive legal framework that includes citizens' rights to a clean environment would support sustainable development goals and contribute to the vision of a beautiful China by 2035 and 2050 [6].
生态环境法典草案进入三审,学者呼吁明确公民环境权
Di Yi Cai Jing· 2025-12-24 04:07
Core Viewpoint - The draft of the Ecological Environment Code is under review, aiming to legally recognize citizens' environmental rights in China, which is crucial for sustainable development and aligns with international standards [1][2][4]. Group 1: Environmental Rights Recognition - By the end of 2020, 156 out of 193 UN member states legally recognized environmental rights, indicating a global trend towards acknowledging the right to a clean and healthy environment [1]. - The United Nations Human Rights Council passed a resolution in October 2021 recognizing the right to a clean, healthy, and sustainable environment as a significant human right [1]. Group 2: Legislative Insights - The draft of the Ecological Environment Code has been criticized for emphasizing citizens' obligations over their rights, which is contrary to the practices of many countries [4][6]. - The draft fails to explicitly mention the public's right to a clean and healthy environment while allowing for pollution rights, which may mislead the public regarding pollution management [5][6]. Group 3: Recommendations for Improvement - Experts suggest that the Ecological Environment Code should clearly define public environmental rights and eliminate the term "pollution rights" to better reflect the intention of environmental protection [6]. - Incorporating international experiences in the legislation could create a comprehensive legal framework that supports the realization of a beautiful China by 2035 and 2050 [6].
《关于健全资源环境要素市场化配置体系的意见》发布
Yang Guang Wang· 2025-05-30 01:26
Group 1 - The core viewpoint of the news is the release of the "Opinions on Improving the Market-oriented Allocation System for Resource and Environmental Factors," which aims to enhance the allocation system, optimize trading scope, and strengthen institutional frameworks for resource and environmental factors such as carbon emission rights, water rights, energy rights, and pollution discharge rights [1][2] - The National Development and Reform Commission emphasizes the importance of market transactions and price signals in guiding resource and environmental factors towards advanced productivity while highlighting the role of the government in public service and market regulation [1][2] - The "Opinions" stress the need to improve the allocation system for resource and environmental factors by reinforcing the alignment of resource and environmental goals [1][2] Group 2 - The key to effective market operation lies in the initial allocation of quotas, which must be scientifically determined and distributed based on total management goals set by the government [2] - The "Opinions" propose a series of requirements to enhance the trading system for resource and environmental factors, focusing on how to conduct transactions effectively [2] - There is a need to establish systems for confirming rights, registration, collateral, and transfer of resource and environmental factors, along with improving data collection, product trading, information dissemination, and supervision [2]