Annual Review of Chinese Environmental Law Developments: 2017

• Date: 01 May 2018

5-2018 NEWS & ANALYSIS 48 ELR 10389

The year 2017 witnessed further development of

environmental law in China. Environmental pro-

tection was armed in the 19th National Congress

of the Communist Party of China (CPC) held in Octo-

ber 2017, and was stressed in various part s of President Xi

Jinping’s report to this CPC Congress.1 In line with the

environmental protection policies, the Standing Commit-

tee of the National People’s Congress (NPC) revised some

laws related to environmental protection, and the Supreme

People’s Court (SPC) also took some initiatives for envi-

ronmental protection.

I. Major Legislation

A. The Nuclear Safety Law

As a member of the Internationa l Atomic Energ y Agency,

China is required to establish a lega l regime for the devel-

opment of atomic energy and related issues. However,

the rst specialized national legislation, the Law of the

People’s Republic of China on Nuclear Safety (Nuclear

Safety Law), was only adopted by the NPC Standing

Committee on September 1, 2017.2 It is the rst step

1. Xi Jinping, Secretary General of the CPC, Secure a Decisive Victory in

Building a Moderately Prosperous Society in All Respects and Strive for

the Great Success of Socialism With Chinese Characteristics for a New Era,

Report at the 19th National Congress of the CPC (Oct. 18, 2017).

2. e Law of the People’s Republic of China on Nuclear Safety [hereinafter

Nuclear Safety Law] (adopted by the NPC Standing Comm. Sept. 1, 2017,

eective Jan. 1, 2018), http://www.npc.gov.cn/npc/xinwen/2017-09/01/

content_2027930.htm.

taken by the NPC to reg ulate the use of nucle ar energy

before adopting f ull-edged legislation on nuclear energ y

and nuclear materials.

e purpose of the Nuclear Sa fety Law is to ensure the

safe use of nuclea r power and the safety of nuclear facili-

ties and materia ls; to prevent and properly ha ndle nuclear

accidents; to protect the public and personnel working for

nuclear facilities or handling nuclear materials; and to pro-

tect the environment.3 e “nuclear facilities” regulated by

this law i nclude: (1)nuclear electric power plants, nuclear

thermal power plants, nuclea r plants supplying steam

and heat, and any other nuclear power plants or instal-

lations; (2) research reactors, experimental reactors, criti-

cal facilities, or any reactors other than a nuclear power

plant; (3) facilities in which nuclear fuel is produced,

processed, stored, or reprocessed, or any other nuclear

fuel cycle facilit y; or (4)facilities processing, storing, or

disposing of radioactive waste. “Nuclear material” mea ns

uranium-235, uranium-233, and plutonium-239, or any

product of them; or any other nuclear material required to

be controlled according to laws and ad ministrative regu-

lations.4 However, this law does not regulate radioactive

pollution from associated radioactive mines, which fa lls

within the scope of the Law on the Prevention and Control

of Radioactive Pollution.5

is law mainly concerns three dierent departments of

government, namely the authorities responsible for nuclear

safety, t he authorities supervising nuclear industries, and

the authorities in charge of energy. Nuclear safety is mainly

the responsibility of the Ministry of Ecology and Environ-

ment (MEE) (formerly the Ministry of Environmental Pro-

3. Id. art. 1.

4. Id. art. 2.

5. Law of the People’s Republic of China on the Prevention and Control of

Radioactive Pollution (adopted by the NPC Standing Comm. June 28,

2003, eective Oct. 1, 2003), http://www.gov.cn/gongbao/content/2003/

content_62270.htm.

Annual Review of Chinese

Environmental Law

Developments: 2017

by Mingqing You

Mingqing You is an Associate Professor of Law at Zhongnan University of Economics and Law.

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   

independent academic research and does not necessarily reect the



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