scholarly journals Partycypacja społeczna jako filar demokracji środowiskowej w Chińskiej Republice Ludowej

2021 ◽  
Vol 43 (3) ◽  
pp. 227-244
Author(s):  
Justyna Bazylińska-Nagler
Keyword(s):  
Decision Making ◽  
Civil Society ◽  
Public Participation ◽  
Environmental Protection ◽  
Environmental Law ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
The European Union ◽  
People's Republic Of China ◽  
Republic Of China

The latest revision from 2014 of the Chinese Environmental Protection Law introduced a new mechanism of public participation in environmental law-making. It forces the Chinese legislative process to be more transparent and inclusive, that is to say — involve civil society and NGOs. Generally, this development deserves support and approval; there are, however, several shortcomings that should be addressed in the future. For instance, neither the level of cooperation between legislature and civil society nor the outcomes of public participation do always meet social expectations. The purpose of this work was to research the Chinese model of public participation in environmental decision-making, bearing in mind the authoritarian governance of the People’s Republic of China. Then, to analyze the real impact of the international cooperation and standards on the application of this model. Specifically, the EU–China Environmental Governance Programme (2010–2015) was discussed as a very influential example. The outcome of the research shows that Chinese environmental law has been notably shaped by public international and European law. There are considerable similarities between the legal instruments of environmental democracy applied in China and public international law standards promoted by the United Nations and the European Union through the implementation of the Aarhus Convention of 1998. And, without doubt, it has to be recognised that the People’s Republic of China has its own rich and diversified, however contradictory during the course of history, doctrines and a jurisprudence body of work considering civil society’s participatory role in decision-making. Each of the successive Chinese forms of government — beginning with despotism, then a glimpse of democracy, totalitarianism, and, finally, authoritarianism — did leave their mark on the Chinese political thought and law regarding the desired participation level of society (i.e. various civil movements and NGOs) in state affairs. In this day and age, social interest and support for the environmental protection is well-accepted by the Chinese government, especially due to the current plan of the Communist Party of China (CPC) to build an “ecological civilization” in China.

Environmental Regulation in the People's Republic of China: The Face of Domestic Law

1998 ◽  
Vol 156 ◽  
pp. 788-808 ◽  
Author(s):  
Michael Palmer
Keyword(s):  
Environmental Protection ◽  
Environmental Concern ◽  
Environmental Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Human Environment ◽  
Republic Of China ◽  
Industrial Management ◽  
Global Environmental ◽  
The Face

In the post-Mao era, one highly significant dimension of China's official programme of reform and integration into the international economy has been a commitment to legal construction. This commitment has included a sustained effort to fashion a basic corpus of environmental protection law alongside supportive institutions, administrative norms and policies, in order to create a “basic legal system of environmental protection” (huanjing baohu de jiben falii zhidu).' In the eyes of the authorities in the People's Republic of China, such efforts reflect a degree of environmental concern that is unusually strong for a developing society.2 China's achievements, we are often told, must be placed in the context of the considerable difficulties the PRC faces in terms of the pressing need to raise living standards, a serious problem of over-population, a shortage of natural resources, an outdated industrial infrastructure and poor industrial management.3 Of course, viewed comparatively, the PRC's embrace of environmental protection law was somewhat belated,4 only properly commencing after its participation in the 1972 United Nations Conference on the Human Environment held in Stockholm. The subsequent expansion of environmental legislation and enforcement has been some-what erratic. Nevertheless, there appears to be a continuing intent to fashion a substantial body of environmental law, and concern with the construction and revision of this was further enhanced by China's participation in the 1992 UN Conference on Environment and Development, held in Rio de Janeiro. Following this, Premier Li Peng “made a commitment to conscientiously implement resolutions adopted at the Conference”5 and, given the PRC's very substantial size and population, a positive embrace of internationally acceptable standards of environmental welfare is highly significant for future global environmental protection. This article examines the principal features and significance of the PRC's domestic environmental protection law, and considers briefly the implications of the Chinese approach to environmental law for understanding the development of law more generally in post-Mao China.

People’s Republic of China

2019 ◽  
pp. 127-148
Author(s):  
Xi Wang
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Governance ◽  
Environmental Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Law System ◽  
Republic Of China ◽  
Government Work

This chapter examines the environmental law system of the People’s Republic of China. It first provides an overview of the allocation of powers within the Chinese system as regards environmental protection, taking into account the relevant constitutional provisions for environmental governance. In particular, it discusses China’s political system and powers relating to environmental legislation, law enforcement inspection, oversight of government work, review and approval of governmental budgets for environmental protection, and appointment and dismissal of governmental officials involved in environmental protection. The chapter goes on to consider the structure and substance of China’s environmental law before turning to the implementation of the environmental law framework, placing emphasis on the role of administrative institutions and judicial organization relating to environmental protection. Finally, it analyses the process of environmental governance in China by the IPPEP Model, a conceptual model that describes the Interactions of Parties in Process of Environmental Protection (IPPEP).

scholarly journals Legal policy of the Russian Federation and the People's Republic of China in the area of digitalization of national currency

2021 ◽  
pp. 16-26
Author(s):  
Anna Sergeevna Konopiy ◽  
Boris Andreevich Borisov
Keyword(s):  
Russian Federation ◽  
Social Life ◽  
Banking Sector ◽  
National Currency ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Digital Currency ◽  
The Russian Federation

The subject of this research is digital national currencies of the People's Republic of China and the Russian Federation. The advent of the new digital era entails inevitable, objectively dictated digital transformations of all spheres of social life. The financial and banking sector in Russia, China, and other countries, is in need for legislative-digital regulation by implementing digital fiat currency. One of the most promising vectors of development is the creation and introduction of new forms of currencies into circulation, which would be recognized by public authority as a legal means of payment, as well as subject to effective oversight by government bodies. The novelty of this research lies in the comparative legal analysis of the experience, as well as the stages of implementation of digital national currency in the Russian Federation and the People's Republic of China. The article raised a pressing issue on feasibility of introducing digital ruble into the Russian reality, and thus, discusses successful experience of the Chinese government that a millennium ago was first to invent paper currency, and now is one of the world leaders to introduce digital currency alongside cash money. The concept of “digital currency” is often identified with cryptocurrencies and payment systems, which prompted the authors to conduct a comparative analysis of these terms. The analysis of Russian and Chinese legislation in the area of digital currency, as well as the established practice of implementing a new monetary form into the country’s economy, allowed outlining the pros and cons of such innovation.

scholarly journals Elements of global superiority of The People's Republic of China in the 21st century

Napredak ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 77-102
Author(s):  
Žarko Obradović
Keyword(s):  
United States ◽  
European Union ◽  
21St Century ◽  
The United States ◽  
People’S Republic Of China ◽  
The European Union ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Belt And Road ◽  
The Belt And Road

The Chinese state has existed for more than five thousand years and in the history of human society it has always presented its own specific civilizational attainment, which exerted a considerable influence on the Asian region. In the years since its creation on October 1, 1949, and especially in the last decade, New China has stepped out beyond the region of Asia onto the global scene. With its economic power and international development projects (amongst which the Belt and Road projects stands out), China has become a leader of development and the promoter of the idea of international cooperation in the interests of peace and security in the world and the protection of the future of mankind. This paper will attempt to delineate the elements of the development of the People's Republic of China in the 21st century, placing a special focus on the realization of the Belt and Road initiative and the results of the struggle against the Covid-19 pandemic, all of which have made China an essential factor in the power relations between great global forces and the resultant change of attitude of the United States of America and the European Union towards China. Namely, China has always been a large country in terms of the size of its territory and population, but it is in the 21st century that the PR of China has become a strong state with the status of a global power. Such results in the organization of society and the state, the promotion of new development ideas and the achievement of set goals, would not have been possible without the Communist Party of China, as the main ideological, integrative and organizational factor within Chinese society. In its activities, the Chinese state sublimates the experiences of China's past with an understanding of the present moment in the international community and the need of Chinese citizens to improve the quality of life and to ensure stable development of the country. The United States and the European Union are taking various measures to oppose the strengthening of the People's Republic of China. These include looking after their interests and preserving their position in the international community, while simultaneously trying, if possible, to avoid jeopardizing their economic cooperation with China.

scholarly journals Social Credit System in the People's Republic of China: normative legal framework and principles of functionality

2020 ◽  
pp. 18-53
Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Credit System ◽  
Republic Of China ◽  
Social Credit ◽  
Legal Provisions ◽  
The Social

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.

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