The role of law in ensuring a balance of economic and environmental interests in modern China
DOI:
https://doi.org/10.21638/spbu25.2019.205Abstract
Economic interests took precedence over environmental interest for a considerable period of time in China. Now, there is a change of worldview, awareness of the importance of environmental protection and the search for an appropriate balance. The interdependence of economic and environmental factors has become apparent. The authorities of the People’s Republic of China set the task of developing the environmental technology industry, which will make it possible to achieve an international competitive advantage. It is possible to single out the following reasons that make it difficult to accomplish this task: limited powers of structural units of environmental authorities at the local level; reduction of production costs due to the use of environmentally harmful technologies, as well as unjustified savings on specialists; low level of environmental and legal awareness. The article discusses the stages of the formation of the regulatory framework in the field of environmental protection. The complex of environmental problems accumulated to date is so extensive that the creation of an effective legal mechanism that provides for a balance of economic and environmental interests is considerably complicated. At the same time, in China, there is a global trend of making all spheres of society greener. With the help of legal regulation, ensuring a balance of environmental and economic interests, the Chinese authorities are currently trying to reverse the situation in the field of environmental protection, primarily related to the negative impact of industry. The most important areas in which the actions of the Chinese authorities can be assessed as quite effective are considered in the article. Also, issues related to the fulfillment of international obligations, disclosure of environmental information, tax regulation, and the mechanism for polluter liability are investigated in detail. A study of the Chinese legislation demonstrated that, in general, it complies with international environmental standards. On the one hand, environmental protection is ensured; on the other hand, sustainable economic development is guaranteed. The main difficulties in implementing an effective environmental policy in the Chinese are related to institutional problems, which are manifested in insufficient interaction with local authorities. At the provincial level, economic feasibility is given priority, even if it leads to a violation of the law and environmental harm.
Keywords:
legal regulation, economic interests, environmental interests, Chinese economy, environment
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