Overview and context

China’s legal system is largely a civil law system. The national legislative power is exercised by the National People’s Congress (NPC) and the Standing Committee of the National People’s Congress. The NPC is responsible for criminal law, civil law, state organ law and other basic laws. While the NPC is not in session, the Standing Committee of the NPC is responsible for supplementing and amending parts of the laws promulgated by the NPC, provided they do not contradict with the basic principles of these laws. There is no division of legislative power between the central government and the provincial governments in China. The most important policy documents in China are the Five Year Plans that set the overall direction of China’s economy and often include top-level targets. These plans are complemented by laws, passed by the NPC, and policies developed by government ministries.

Following the 2018 amendments, the Constitution of China addresses environmental governance. The preamble of the amendments sets a national development vision aiming at creating an "ecological civilisation". According to Zhu, 2021, article 89(6) of the Constitution charges the executive branch, and more specifically the State Council of the Central People's Government to implement this goal. Chinese climate legislation is thus made of State Council decrees, and to a further extent decree-laws from ministries. However, only State Council decrees are classified as "state policy". Articles 9, 20(5) and 26 contain further climate-related clauses.

Further to this, the Civil Code as last amended in 2020 states in article 9 that persons conducting civil activities shall act in order to enable the conservation of resources and protection of the ecological environment. Article 509 makes these principles part of contract law. Further ecologically-related clauses include articles 286 326, 346 and 619.