Environmental legislation shifts from “industry priority” to “environment priority”

This year, the Chinese government passed the revised draft of the Environmental Protection Law, which is scheduled to be implemented in January 2015. At present, the government's environmental protection department is speeding up the formulation of 30 supporting special laws on air, soil and water pollution. Officials of the Ministry of Environmental Protection said that they will strive to complete the relevant coordination procedures before the new Environmental Protection Law comes into effect next year.

The introduction of environmental protection laws and related supporting regulations has far-reaching effects, and must shift from “industry priority” to “environment priority”. Only by abandoning the development thinking of “polluting first and then managing” and vigorously developing a circular economy will it be possible to truly improve the environment and achieve sustainable development.

Japan's pollution control can be used as a reference. After the Second World War, Japan’s economy recovered rapidly, but the Japanese economy relied on environmentally disruptive and resource-wasting industries, and environmental pollution problems began to appear. In the 1960s, there were incidents of Niigata water rickets, Yokkaichi incidents, painful illnesses, and Kumamoto water rickets, the "four major public nuisance incidents". The public anti-pollution campaign was soaring and promoted Japan's environmental legislation. In August 1967, Japan passed the Basic Law on Pollution Hazards, which defined the public hazard that destroyed the natural environment such as the atmosphere, water quality, and soil. However, the law still adheres to the principle of “industry priority”. The environmental pollution problem in Japan has not been completely solved. Repeatedly questioned.

In the 1990s, Japan’s per capita GDP reached 24,000 US dollars per year. Japan began to abandon “industry first priority” and the concept of environmental legislation turned to sustainable development. In 1993, Japan passed the Environmental Basic Law, which included four points: First, advocate sustainable development, and clarify that the environment is a place where human beings continue to prosper. It should ensure that both contemporary and future generations can enjoy a healthy and beautiful environment and make it sustainable. The second is to build an “environment-first society” with low environmental load. The state, local governments, enterprises, and nationals should all bear their respective responsibilities fairly. Third, emphasize the precautionary principle and establish environmental impact assessment. The fourth step is to actively participate in solving global environmental problems and “actively promote global environmental protection based on international coordination”.

Japan’s shift from “industrial priority” to “environmental priority” has been very effective. First, the intensity of industrial pollution is greatly reduced. Constrained by environmental laws, Japanese companies strengthen their investment in environmental protection, and new industrial projects are put into operation. Enterprises need to be equipped with pollution control facilities. From 1979 to 1990, the total investment in pollution prevention and control in the Japanese steel industry reached 1.4 trillion yen, accounting for 21% of the total investment in its industry equipment. Japan's pollution control has achieved remarkable results. The industrial pollution areas such as Kitakyushu and Kawasaki have become environmentally friendly areas suitable for human habitation after years of governance. Therefore, Japan's environmental damage is relatively low. According to statistics, Japan's carbon emission intensity in 2006 generated 244 tons of carbon dioxide per million US dollars of GDP, which is one tenth of China's carbon emission intensity.

Second, the environmental technology industry has developed rapidly. The strictening of environmental laws has led to the development of related technologies. The Japanese central government has increased investment in environmental protection technology through fiscal policies such as fiscal and taxation and low-interest financing; local governments have provided ecological parks and industrial parks, from basic education research to technical verification research to enterprise operations. Policy support to promote the development of environmental technology industry. Japan's environmental governance has achieved remarkable results, promoting low-cost, high-efficiency new pollution prevention technology innovation, and has formed a group of competitive environmental protection equipment manufacturers. At present, Japanese companies have a large number of global leading environmental technologies in the fields of water treatment, soil protection, and waste gas treatment, and have exported technologies to emerging countries including China to solve local pollution problems such as water quality and soil.

Once again, the recycling industry began to mature. Japan abandoned the development idea of ​​“first pollution, then governance”, developed a circular economy, extended and developed the concept of sustainable development, and formed the “Basic Law on the Environment” as the upper law, and the “Basic Law on Promoting the Establishment of a Circular Society” (2000) The core Japanese tax-based social legislation system includes the Waste Disposal Law, the Law on the Effective Use of Resources, and the Special Household Machine Circulation Law and the Building Materials Circulation Law. Support the development of circular economy through the fiscal budget system and financing system. For example, financial subsidies will be given to producers of waste recycling equipment, and enterprises with relevant industry R&D and equipment investment will enjoy policy loan support.

Japan's development of circular economy has achieved the following goals: through the integration of production and environmental protection technologies, reducing resource consumption and achieving resource conservation purposes; achieving recycling of material resources through comprehensive recycling of waste; achieving environmentally friendly disposal through waste disposal produce. At present, Japan has established a method for re-commodification of household appliances, which stipulates that the re-commodification rate of air conditioners, refrigerators, washing machines and thin-sized TV sets should reach 70%, 60%, 65% and 50% respectively; slag, dust, etc. of the Japanese steel industry The recycling rate of solid waste is over 95%.

The improvement of Japan's environmental protection laws has gone through the process of gradual development, from "industry priority" to "sustainable development", to adapt to the stage of the Japanese economy at that time. China must be revised according to the national conditions, relying on the new environmental protection law, further improve environmental laws and regulations, and speed up the revision of the "Water Pollution Prevention Law" and other environmental protection laws, environmental protection administrative regulations, environmental protection department regulations and environmental protection local laws and regulations.

While strengthening legislation, it is also necessary to increase investment in environmental protection in a timely manner. Japan's experience shows that the concept of sustainable development has been defined as the legislative principle of environmental protection law. The upgrading of equipment environmental protection facilities and the investment in new construction projects have increased, resulting in a significant increase in environmental pollution investment demand. China's new environmental protection law has established the concept of “sustainable development” and clearly defined “protection priority”. Environmental protection investment is on the rise, market potential is large, investment in environmental technology research and development is increased, and foreign advanced technology is introduced, digested and re-innovated. Promote the development of the national environmental protection technology industry.

In addition, strict implementation of the environmental protection law will drive the development of circular economy. In 2008, China introduced the Circular Economy Promotion Law, but the supporting laws and regulations are still not perfect. First, we must establish supporting policies such as industrial policies, fiscal and taxation policies, financial policies, and price policies, promote the standardization of financial subsidies and tax incentives for circular economy, and effectively promote the development of circular economy industries. Second, expand the responsibility of producers, and enterprises should be responsible for them. Responsibility for material recycling after the product is consumed, such as Japan's "Household Appliance Recycling Law", forcing producers to recycle four large-scale household appliances such as TV sets, in packaging waste, used batteries, waste electrical and electronic equipment, and waste vehicle management. Implement the “producer responsibility” of domestic enterprises.

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