On November 13, 2005, a blast at the Jilin Chemical Plant caused
the leakage of tons of benzene, aniline and nitrobenzene into the
Songhua River. This, in turn, threatened the health of millions of
people living along its banks, whose drinking water comes from the
river.
Water is indispensable to farming, industry, communications and
people's everyday lives. This shows the vital importance of
protecting water resources, which is an integral part of our
environmental protection efforts.
The conflicting interests of localities in the upper and lower
reaches of the Songhua River asserted themselves in this
accident.
Under such circumstances, the enforcement of environmental laws
needs to be strengthened, taking into account that we have already
had a fairly complete set of environmental legislation in
place.
Environmental matters, particularly those covering water
resources, involve public and private rights, which sometimes
conflict with each other.
Environmental protection, social security, compulsory education
and healthcare undertakings, for example, fall under the category
of public services. The development of China's market economy over
the past three decades or so has created sharp gaps between the
demand for and supply of such public services, while largely
meeting the demand for private goods such as TV sets, cars and
housing.
The insufficient supply of public services has triggered
people's resentment. Who is supposed to supply such public
services? The government is undoubtedly obliged to provide such
products.
Clashes between the public and private rights find an expression
in various forms. Water and air pollution caused by economic growth
and urbanization, for instance, negatively impact people's lives
and cause health problems. The government is expected to do
something in this regard but, to our regret, relevant government
departments have actually done little, which very much damages
government credibility among the public.
It should be borne in mind that the legal awareness of the
Chinese people is being heightened as the nation becomes
increasingly law-governed.
The Chinese people's greater awareness of their legal rights
automatically requires that their environmental rights are
guaranteed. This, in turn, prompts the government to strengthen the
law enforcement in this regard.
Besides law enforcement, more authority should be given to
relevant government departments so that their responsibilities will
cover wider areas, which facilitates the tackling of environmental
problems. This is because environmental matters involve different
sectors and localities. The polluted Songhua River, for example,
flows through Jilin and Heilongjiang provinces in the northeast of
the country.
In the past, the Yellow River and Huaihe River water
conservation committees were set up to supervise water conservancy
and flood-control tasks in the valleys of these two major rivers.
These two specialized committees have made impressive
accomplishments.
Tackling water pollution today requires the establishment of
such specialized and coordinating organizations.
In addition, we need legislation covering specific river valleys
or regions as a complement to existing environmental protection
decrees, which are largely general in nature. For example, why
should we not draw up a law tackling dust storms in north China and
why should we not enact the decree involving the protection of
water resources in the valley of the Songhua River?
In addition, individual economic entities, including state-owned
enterprises, which are in many cases waste dischargers or cause
serious pollution, should be held accountable for environmental
problems, though addressing environmental pollution is largely the
government's responsibility.
As a result, articles about the social obligations of companies
and enterprises have been written into the Company Law, which is
being revised.
Enterprises and companies should shoulder their own social
responsibilities and obligations just as individual citizens do.
And they should conduct themselves according to basic ethics and be
self-disciplined. First and foremost, enterprises and companies
must work to protect the environment.
Specific criteria involving economic entities' social
responsibilities ought to be worked out, quantifying their
obligations and setting up an evaluation system to gauge the
fulfillment of their responsibilities in this regard.
Moreover, clear-cut provisions in environmental protection laws
should ensure that polluters pay for any environmental damage they
cause. But the existing environmental laws do not contain such
clear-cut compensation articles.
A National People's Congress deputy suggested earlier this year
that an environmental pollution compensation law should be enacted
to hold the polluters responsible for pollution and make them pay
for it. Subjecting polluters to disciplinary punishment is of
course important, as was mandated in existing laws. But it is not
enough. Financial compensation will help ensure they discipline
themselves.
Despite the great losses resulting from last year's pollution of
the Songhua River, no one has been made to pay. This is nothing but
countenancing polluting.
The author is a professor from China University of Political
Science and Law.
(China Daily July 31, 2006)