Crafting the legal regime for ecological environmental damage compensation: an analysis of China’s approach

In the past decade, China has initiated reforms promoting ecological civilization and a new era of environmental governance. The Ecological Environmental Damage Compensation (EEDC) Regime, a vital component of these reforms, is endorsed by the central government and the Communist Party of China (CPC). Relying on Article 9 of China’s Constitution, which emphasizes state ownership, the state ownership of natural resources in China is argued to be of public power nature, constitutionally empowering the state to manage natural resources reasonably. This article delves into the legal nature of the EEDC Regime, highlighting its role as a public law mechanism for ecological restoration. The presence of ecological environmental compensation clauses in China’s Civil Code is considered ‘inappropriate’. This article suggests that China should utilize the opportunity to include the EEDC Regime in the Environmental Code, formalizing its place in the legal framework dedicated to environmental preservation.