After two decades of reforms focused on economic growth, the first signals of a new Chinese development strategy, more attentive to the social costs of growth came from the 11th five years plan, which for the first time introduced the concern for the issue of climate change. This reference is a direct consequence of the stress on the concept of "harmonious society", which indicated the concern of the Chinese government for the social and environmental unbalances produced by the huge rhythm of the growth. A first major effort to reconcile the goals of economic growth and sustainability, has been made in the Twelfth Five-Year Plan, however, it was with the just released Thertienth Five Years Plan for Economic and Social Development that a more decise position, to shift away from the previous environmentally costly development mode has been taken.The growing stress on sustainability has had wide effects on the ongoing Chinese legal reforms, leading to the drafting of new set of rules in several legal fields and the shaping or re-shaping of legal institutions affecting the implementation of these new rules. In this regard we observe, first of all, the emersion of an integrated regulatory approach, based on a combination of the traditional command-and-control and of new market-based instruments, such as (amongst others) specific environmental incentives, licence trading systems, rules governing liability for damage caused to the environment, environmental agreements . Moreover, the shifting towards market-based instruments has gone hand in hand with the revisiting of classical private law instruments that Chinese legislator has been carrying on in the last decade, in the framework of the deep process of legal reform that should led, within the end of this decade, to the adoption of the first civil code of the People’s Republic of China. In this new stage of the Chinese legal modernization process, a renewed attention to foreign legal models, to the use of comparative law and practices of legal transplants emerged in all legal circles involved in the re-building of the Chinese legal system. This paper aims at analyzing some aspects of transplants in the Chinese legislative process, exploring some paths and processes of the circulation of legislative models that have been emerging in the shaping of environmental protection rules, focusing on one of the most relevant private law instrument in this regard, ie civil liability for environmental harm.

Legal Transplants and the Chinese Legal Process: the Case of Circulation of the Rules on Civil Liability for Environmental Harm from Europe to China

TIMOTEO, MARINA
2016

Abstract

After two decades of reforms focused on economic growth, the first signals of a new Chinese development strategy, more attentive to the social costs of growth came from the 11th five years plan, which for the first time introduced the concern for the issue of climate change. This reference is a direct consequence of the stress on the concept of "harmonious society", which indicated the concern of the Chinese government for the social and environmental unbalances produced by the huge rhythm of the growth. A first major effort to reconcile the goals of economic growth and sustainability, has been made in the Twelfth Five-Year Plan, however, it was with the just released Thertienth Five Years Plan for Economic and Social Development that a more decise position, to shift away from the previous environmentally costly development mode has been taken.The growing stress on sustainability has had wide effects on the ongoing Chinese legal reforms, leading to the drafting of new set of rules in several legal fields and the shaping or re-shaping of legal institutions affecting the implementation of these new rules. In this regard we observe, first of all, the emersion of an integrated regulatory approach, based on a combination of the traditional command-and-control and of new market-based instruments, such as (amongst others) specific environmental incentives, licence trading systems, rules governing liability for damage caused to the environment, environmental agreements . Moreover, the shifting towards market-based instruments has gone hand in hand with the revisiting of classical private law instruments that Chinese legislator has been carrying on in the last decade, in the framework of the deep process of legal reform that should led, within the end of this decade, to the adoption of the first civil code of the People’s Republic of China. In this new stage of the Chinese legal modernization process, a renewed attention to foreign legal models, to the use of comparative law and practices of legal transplants emerged in all legal circles involved in the re-building of the Chinese legal system. This paper aims at analyzing some aspects of transplants in the Chinese legislative process, exploring some paths and processes of the circulation of legislative models that have been emerging in the shaping of environmental protection rules, focusing on one of the most relevant private law instrument in this regard, ie civil liability for environmental harm.
2016
Towards A Smart Development. A Legal and Economic Enquiry into the Perspectives of EU-China Cooperation
145
155
Timoteo, Marina
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11585/596597
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