China Elevates Environmental Law to an Official Branch of Law

Photo by Pcess609 (stock.adobe.com)

On March 12, 2026, shortly after China’s National People’s Congress (NPC) adopted the Ecological and Environmental Code (Code) [生态环境法典], the legislature separately announced that it had also upgraded “ecological and environmental law” [生态环境法] to an official “branch of [Chinese] law” [法律部门], joining the existing seven, including civil and commercial law and criminal law.

The 9th NPC (1998–2003) was the first to divide Chinese law into official branches. In fall 1997, the Communist Party announced at its 15th Congress the goal of establishing “a socialist system of laws with Chinese characteristics” [中国特色社会主义法律体系] by 2010. This task primarily fell to the national legislature, which decided that, to achieve that goal, it must (among other criteria) enact enough legislation to cover all branches of law, which in turn raised the question of how those branches should be defined.

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NPC’s Budgetary Oversight Body Issues First Report on Review of Budgets and Fiscal Policy Measures

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Photo by diy13 (stock.adobe.com)

On December 22, 2025, China’s national legislature, the NPC Standing Committee (NPCSC), heard the first-ever report on the “recording and review of fiscal and budgetary matters” [财政预算事项备案审查] from its Budgetary Affairs Commission (BAC) [预算工作委员会], a ministerial-level professional body that supports legislative oversight over public finances, including budgets, state-owned assets, and government debt.

Regular readers may be more familiar with “recording and review” (R&R) [备案审查] as the NPCSC’s mechanism for overseeing the legislative rules issued by major central and local state institutions—or the “legislative R&R” process. But the legislature also receives numerous other filings, many of which concern budgetary matters and tax policy. Under the Budget Law [预算法], the State Council must annually file consolidated local budgets and final accounts with the NPCSC and submit specific rules governing the central government’s transfer payments to localities (see arts. 23, 29). Other statutory authorities impose filing obligations as well. For example, while all tax statutes authorize the State Council to adopt tax incentives, they also require it to file those incentives with the NPCSC.

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NPC (Finally) Responds to Controversy over Sealing Drug-Use Records

Photo by Colin Davis (Unsplash)

It has been a month since the revised Public Security Administration Punishments Law (PSPAL) [治安管理处罚法] returned to the spotlight—this time because of Article 136, a new provision that generally requires the police to seal the records of all PSAPL violations.1 We explained and commented on the controversy in this piece for The Diplomat (summarized for our newsletter here). Here is the gist: Several official social-media accounts, in promoting the law ahead of its taking effect on New Year’s Day, focused public attention on Article 136’s application to drug offenses specifically. Netizens criticized both the substance of the record-sealing requirement—worried that it signals a softened official stance on drugs—and the process whereby the provision was adopted.

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Official Chinese Law Database Receives Major Upgrades: A Guide and Review

Homepage of the Database on September 21, 2025 showing the popup note explaining the upgrades.

After a decade of development, the National People’s Congress (NPC), China’s national legislature, launched the National Database of Laws and Regulations (Database) [国家法律法规数据库] on February 24, 2021. Initially approved for development in 2011, the Database was deployed for testing in November 2018. By January 202, all data had been uploaded, and the following month it was opened for trial use by select institutions. While recognizing its scale, ambition, and laudable goal, we nonetheless thought the Database’s initial version—which we will call “Phase I”—missed the mark. Due to glaring gaps in coverage and a broken search function, it was “good for reading the documents you are able to locate, but not much more,” we wrote.

Four and a half years later, the NPC quietly rolled out major upgrades to the Database on August 20, 2025. While this new version—or “Phase II”—has the same coverage (with a caveat, as we will note below), there have been significant improvements on all other fronts: it has a more modern look, upgraded core functionalities, and useful new features. In short, we believe Phase II will prove to be much more valuable for the average citizen, if not for legal professionals as well.

In this guide and review, we introduce the Database’s current collection, redesigned homepage, browsing and search experience, and individual document pages. Its WeChat Mini App has received similar upgrades, but we decided not to review it this time.

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Commentary & Translation: China’s Plan to Raise Statutory Retirement Ages

Editor’s Note: In April 2025, we published in the Made in China Journal a longer commentary on the Decision that digs deeper into the history of retirement-age legislation and demographic changes in China, the national legislature’s post–Cultural Revolution lawmaking reforms, as well as its procedural failings in adopting the Decision.

On Friday, September 13, China’s national legislature, the Standing Committee of the National People’s Congress (NPCSC) approved the Decision on Gradually Raising the Statutory Retirement Ages (Decision) [关于实施渐进式延迟法定退休年龄的决定]. Upon taking effect next year, the Decision will finally implement a reform that has been on the Chinese government’s agenda since at least 2013.

The Decision has three visually distinct components. It begins with a short main text with five articles covering only the essentials of the reform. What follows is a set of measures, attributed to the State Council, that describe the specific steps to implement the reform. The Decision ends with four charts (technically, annexes to the State Council’s measures) that allow citizens to easily look up their new retirement ages and see how much longer they may need to contribute to the pension fund to qualify for pension payments. As a legislative official made clear, all three are integral parts of the Decision and thus have statutory force.

News outlets worldwide have extensively covered the demographic challenges driving the reform, the initial public reaction to the plan, and its details. We won’t belabor the same points here. Nor will we delve into the Decision’s substance, a task we leave to subject matter experts.

Instead, we will provide a translation of the Decision (sans the charts) and discuss three issues related to the Decision: the NPCSC’s involvement in this major policy decision; the swift and secretive way in which the Decision was adopted; and the Decision’s unusual makeup—i.e., its inclusion of the State Council’s measures.

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In Rare Move, Chinese Legislature Shelves Two Bills

The two reports of the NPC Constitution and Law Committee recommending shelving the two bills discussed in this post, as published in the NPCSC Gazette.

It is rare for a bill to “die” in the Chinese legislature. It is rarer for two bills introduced at the same time to later meet that fate together. Recently, the NPC Standing Committee (NPCSC) disclosed in its official publication, the NPCSC Gazette, that it decided to “terminate deliberations” [终止审议] on two bills that it reviewed in June 2022: a draft Compulsory Civil Enforcement Law [民事强制执行法] and a draft decision authorizing to the State Council to pilot certain reforms of rural residential land. In other words, the two bills in their current form have been shelved indefinitely. This post recounts the history of the deliberation-termination procedure and discusses the two bills at issue.

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The NPC and the 2024 Third Plenum Decision

Screenshot of the July 21, 2024 edition of Xinwen Lianbo program, showing the cover of a booklet of the Decision.

On July 18, the Communist Party’s 20th Central Committee at its Third Plenum adopted the Decision on Further Deepening Reform Comprehensively to Advance Chinese-Style Modernization (Decision)1 [关于进一步全面深化改革 推进中国式现代化的决定], which was made public on Sunday, July 21. (Here is a bilingual version of the Decision in PDF and HTML.) The day after the Plenum, the Party Group of the NPC Standing Committee (NPCSC) met to study the Decision and other documents from the Plenum. The meeting hailed the Decision as a “programmatic document” [纲领性文件] for further reforms and called on the NPC apparatus to, consistent with the NPC’s functions and responsibilities, “take solid steps to advance the legislative, oversight, and other tasks and initiatives ordered by the Plenum.” Such tasks and initiatives fall into three slightly overlapping categories: (1) reforms of the NPC itself and local people’s congresses; (2) explicit legislative tasks for the NPC; and (3) other reforms that would require NPC action to implement. Although Xi Jinping has reportedly instructed that the Decision not include any “general reform measures, developmental measures, or reform measures that central authorities had already deployed and were being implemented,” that has not always been the case—at least for those NPC-related reforms. And finally, the Decision notably sets 2029, when the PRC celebrates its 80th anniversary, as the deadline for completing its myriad reform tasks. Below we take a brief look at each of the three categories of NPC-related reforms by excerpting from the Decision and supplementing with our commentaries.

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Legal Inquiry Response: Defining “Central Authorities” in Hong Kong’s Article 23 Legislation

On Friday, March 8, 2024, the Government of the Hong Kong Special Administrative Region (HKSAR) unveiled a controversial Safeguarding National Security Bill (Bill) to discharge the city’s duty under Article 23 of its Basic Law to enact national security legislation and to supplement the Hong Kong National Security Law (HKNSL) that was imposed on the city in 2020. The government’s sprawling proposals would create an array of broadly worded offenses, including treason, insurrection, crimes relating to state secrets, and “external interference,” and generally limit the due process rights of those accused of national security offenses (whether under the Bill, the HKNSL, or any other law).

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Dissecting the Chinese Legislature’s First Annual Report on Constitutional Enforcement

China’s national legislature, the National People’s Congress (NPC) and its Standing Committee (NPCSC), has the constitutional power and duty to “oversee the enforcement of the Constitution.” Yet for decades this task had remained a low priority for the legislature. Since Xi Jinping took power in late 2012, he has “elevated the Party’s rhetorical commitment to the Constitution” on numerous occasions. For instance, in writing to commemorate the current Constitution’s 40th anniversary in December 2022, Xi stressed the need to “continuously enhance constitutional enforcement and supervision”—and to, of course, do so under the Party’s leadership. Against this backdrop, the NPCSC has made constitutional enforcement a more significant and visible part of its work; its annual work reports to the NPC have included dedicated sections on “constitutional enforcement” [宪法实施]1 since 2020.

On February 23, possibly starting a new yearly practice, the legislature posted on its official website a report on its efforts to “strengthen and innovate constitutional enforcement” in 2023, written by the NPCSC Legislative Affairs Commission’s Office for Constitution.2 The report is worth reading for it not only discloses new constitutional practices from the past year that may have escaped most people’s attention, but also catalogs the kinds of activities that officially constitute “constitutional enforcement.” The report also likely serves as the basis for the section in the NPCSC’s forthcoming 2024 work report on constitutional enforcement. Below, we will discuss the report through a mix of summary and translation: parts that we found particularly noteworthy will be translated and annotated, whereas the rest will be summarized to varying extents. We added some paragraph breaks and text formatting in blockquotes to improve readability.

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Politburo Whisperer on Advancing “Foreign-Related Rule of Law”

By Moritz Rudolf

Prof. Huang Huikang giving a lecture on developing foreign-related legal system to the Politburo on November 27, 2023. Screenshot of CCTV’s Xinwen Lianbo program.

In official Chinese discourse, “foreign-related rule of law” (FRROL) [涉外法治] plays a crucial role in achieving the Communist Party’s Second Centenary Goal of “building China into a great modern socialist country in all respects and to advance the rejuvenation of the Chinese nation on all fronts through a Chinese path to modernization” by 2049. Yet FRROL is for the most part ignored outside of the PRC. This is a mistake. Understanding this concept is essential to grasping the fine-tuning of China’s global outreach.

In light of the Politburo’s November 27, 2023 group study session on FRROL, this post traces the evolving official framing of the concept. It also introduces and critically analyzes the recommendations for advancing FRROL that Prof. Huang Huikang [黄惠康], the most prominent authority on the subject within the PRC, likely shared with Chinese leaders at the study session. This post ends by assessing the outlook of the concept.

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