The China Green Development Research Institute of Tianjin University held an academic seminar on comprehensively promoting the construction of a beautiful China

On January 28, 2024, the China Green Development Research Institute of Tianjin University held an academic seminar on comprehensively promoting the construction of a beautiful China. Bei Tao, Chief Legal Counsel of the Ministry of Ecology and Environment and Vice President of the Environmental Resources Law Research Association of the China Law Society, Cao Mingde, Vice President of the Environmental Resources Law Research Association of the China Law Society and Professor of China University of Political Science and Law, Dean of the Law School of Tianjin University and Executive Dean of the China Green Development Research Institute of Tianjin University, Professor Sun Youhai, Chairman of the Academic Committee of the Environmental Resources Law Research Association of the China Law Society, Professor Wang Xiaogang, Vice President of the China Green Development Research Institute of Tianjin University, Tian Yiyao, Researcher of the China Green Development Research Institute of Tianjin University, Chen Xuemin, Researcher of the China Green Development Research Institute of Tianjin University, Shi Hui, Researcher of the China Green Development Research Institute of Tianjin University, and Chen Xue, Researcher of the China Green Development Research Institute of Tianjin University, attended the seminar.

Wang Cao, Wang Tiantian, Zhang Jingxue, Li Peizhe, Xu Jianyu, Yu Jingyun, Liu Zhihe, Yang Fan, Zhao Shen, Kong Chuipeng, doctoral students of Tianjin University Law School, Xu Zhe, doctoral student of China University of Political Science and Law, and Meng Chunxue, Li Xiang, Tong Xin, Yan Xiaoyan, Liu Qiyuan, Liu Yuchen and Mao Yanjun, master's students of Tianjin University Law School, also attended the seminar.

Professor Sun Youhai first thanked Vice President Bie Tao, Vice President Cao Mingde and other experts for attending the academic seminar on comprehensively promoting the construction of a beautiful China hosted by the China Green Development Research Institute of Tianjin University. Sun Youhai pointed out that on December 27, 2023, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Comprehensively Promoting the Construction of a Beautiful China", which pointed out that the construction of a beautiful China is an important goal of building a modern socialist country in an all-round way, and an important part of realizing the Chinese dream of the great rejuvenation of the Chinese nation, and puts forward clear new guidelines for the construction of a beautiful China in the future. The China Green Development Research Institute of Tianjin University is a high-end think tank in Tianjin and a think tank with important influence in the country, hoping to provide intellectual support for relevant national departments to promote green development through this seminar.

Vice President Bie Tao made a keynote report on the topic of "Fifty Not Confused - Looking at the Evolution of Environmental Legislation from the Perspective of Normative Environmental Protection Documents". He comprehensively sorted out the background and main content of the "Opinions on Comprehensively Promoting the Construction of a Beautiful China" (hereinafter referred to as the "Opinions").

Vice President Bie Tao reviewed the development history of China's environmental policy and rule of law construction in four stages.

The first stage was the 70s of the 20th century. In 1973, four firsts were achieved in environmental protection: the first national conference on environmental protection, the first environmental protection administrative regulations, the first environmental standards, and the first environmental protection administrative body. On September 13, 1979, the Standing Committee of the National People's Congress passed the Environmental Protection Law (for Trial Implementation), opening a new chapter in the construction of China's environmental legal system.

The second stage was the 80s and 90s of the 20th century. The State Council has promulgated normative documents such as the Decision on Strengthening Environmental Protection in the Period of National Economic Adjustment, the Decision on Environmental Protection, and the Decision on Several Issues Concerning Environmental Protection.

The third phase began in 2000. The State Council has promulgated normative documents such as the Decision on Implementing the Scientific Outlook on Development and Strengthening Environmental Protection, and the Opinions on Strengthening the Key Work of Environmental Protection.

The fourth stage is since the beginning of the new era. The Central Committee of the Communist Party of China and the State Council promulgated the "Opinions on Accelerating the Construction of Ecological Civilization" and "Opinions on Deepening the Battle of Pollution Prevention and Control". On November 30, 2023, the State Council promulgated the Action Plan for Continuous Improvement of Air Quality. On December 27, 2023, the Central Committee of the Communist Party of China and the State Council promulgated the Opinions on Comprehensively Promoting the Construction of a Beautiful China.

Vice President Bie Tao believes that the promulgation of the "Opinions" by the Party Central Committee and the State Council is of great significance, and will play an important role in leading legislation and promoting ecological and environmental protection in the new era.

Vice President Cao Mingde gave a keynote report on the topic of "Legal Guarantee for the Construction of Beautiful China", which focused on three aspects: continuously deepening the concept of ecological rule of law in the construction of Beautiful China, continuously clarifying the legal responsibilities of relevant parties in the construction of Beautiful China, and continuously strengthening the ecological legal protection of Beautiful China.

Professor Cao pointed out that at present, China's economic and social development has entered a stage of high-quality development to accelerate green and low-carbon, and the construction of ecological civilization is still in a critical period of superimposed pressure and heavy burden, and the task of building a beautiful China is still arduous. Therefore, it is necessary to continuously deepen the concept of building a beautiful China, further enhance the concept of ecological civilization, and deeply grasp and understand the connotation of ecological civilization. Establishing the concept of ecological rule of law depends on the implementation of ecological legislation, ecological law enforcement and ecological justice. At the same time, green development is an inevitable requirement for the construction of a beautiful China, and it is necessary to clarify the legal responsibilities of relevant parties in the construction of a beautiful China through the improvement of laws and policies, and the government, enterprises, social organizations and citizens need to jointly fulfill their responsibilities and form a joint force to accelerate the construction of a beautiful China and jointly contribute to the construction of a beautiful China. In terms of ecological rule of law protection, it is necessary to accelerate the codification of the ecological environment, promote the systematization of ecological and environmental legislation in a codified manner, adhere to orderly cohesion, problem-oriented, and inclusiveness, and fully reflect the latest achievements in the construction of ecological civilization. He stressed that it is necessary to continue to improve the compensation system for environmental damages, improve the carbon emission trading system, establish and improve the assessment and evaluation system for economic and social green development, establish and improve the accounting of natural resource assets and the ecological environment management system, and provide a complete legal guarantee for the construction of a beautiful home with blue sky, green ground and clear water.

Professor Sun Youhai gave a keynote report on the topic of "Conscientiously Implementing the Opinions on Comprehensively Promoting the Construction of a Beautiful China and Correctly Handling the Relationship between Policies and Laws". Combined with the "Opinions on Comprehensively Promoting the Construction of a Beautiful China", Sun Youhai focused on three issues: the relationship between policy and law, the new promotion of the construction of the rule of law, and the new development of the construction of intra-party regulations.

First of all, on the relationship between policy and law, Professor Sun Youhai pointed out that the "Opinions" are not only the policy of the party, but also the policy of the state. On the one hand, the party's policy is the will and program of action of the ruling party and the soul of the law. The Party's policies also have a certain "scale" and provide clear guidance for the state to formulate laws through "transformation". On the other hand, the reason why it belongs to the national policy is mainly reflected in the fact that the State Council is also one of the main bodies of the release. In this sense, the Opinions are also administrative normative documents of the state and have a certain normative nature, but the Opinions cannot be used as the basis for the people's courts to adjudicate cases. In China, generally there is a policy first and then there is a law, and after the policy is in place, the state has a basis for formulating laws.

Secondly, on the issue of promoting the rule of law, Professor Sun Youhai pointed out that legal research should be "half a step ahead". For example, Articles (22) and (23) of the "Opinions" explore the establishment of a public participation mechanism, Article (24) reforms and improves the institutional mechanism, and Article (25) strengthens incentive policies and improves the market-oriented allocation system of resources and environmental factors. Thirdly, on the issue of intra-party regulations, Professor Sun Youhai emphasized that on the whole, the law is in charge of affairs, and the intra-party laws and regulations are in charge of people. For a long time in the past, the law was not enforced effectively, and it is likely that there will be problems on the "human" side. Now the strengthening of the construction of internal party regulations has solved this key problem. The "Opinions" are also a precursor to the formulation of intra-party regulations. The tenth part of the "Opinions" points out the direction of the formulation and promotion of intra-party regulations, including strengthening organizational leadership, consolidating work responsibilities, strengthening publicity and promotion, and improving effectiveness assessment, which is of great significance to the development of intra-party laws and regulations in the future.

During the talks, Professor Wang Xiaogang, Associate Professor Tian Yiyao, Associate Professor Chen Xuemin, Associate Professor Shi Hui, Professor Chen Xue, and doctoral students Wang Cao, Wang Tiantian, Zhang Jingxue, Li Peizhe, Xu Jianyu, Yu Jingyun, and Liu Zhihe also had a heated discussion on the "Opinions on Comprehensively Promoting the Construction of a Beautiful China" and the keynote reports of Vice President Bie Tao, Vice President Cao Mingde, and Professor Sun Youhai.

Finally, Professor Sun Youhai made a concluding speech, and he once again thanked all the leaders, experts and teachers for their great attention and support for the work of China Green Development Research Institute of Tianjin University. The "Opinions on Comprehensively Promoting the Construction of a Beautiful China" provides a direction for us to engage in the teaching and research of the rule of law in the ecological environment in the future, and Professor Sun Youhai also encouraged everyone to continue to conduct in-depth research in the future and produce high-quality research results.

The in-person site of the seminar.