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Zeng, G. H., & Huang, Z. M. (1997). Who Can Determine the Legality of Local Decrees? The Standing Committee of the Fujian Provincial People’s Congress Has Supervised and Urged the Correction of an Improper Approval of the Sanming Intermediate People’s Court. People’s Political Scene, 7, 4-5.

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• TITLE: The Legal Conflicts, the Legislative Vacancies and the Legislative Lags in the Chinese Environmental Legal System

  AUTHORS: Yue Zhu

  KEYWORDS: China, The Environmental Legal System, Legal Conflict, Legislative Vacancy, Legislative Lag

  JOURNAL NAME: Journal of Geoscience and Environment Protection, Vol.7 No.3, March 8, 2019

  ABSTRACT: The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.