The Yangtze River Protection Law (YPL), enacted on March 1, 2021, is China’s first comprehensive river-specific legislation and a landmark in the country’s environmental governance.
The following article, submitted by İbrahim Can Eraslan, describes how, rooted in the concept of ecological civilisation and the principle of harmony between humanity and nature, the YPL seeks to balance economic growth with ecological protection. It addresses decades of industrial, agricultural, and developmental pressures that have degraded the Yangtze River Basin, aiming to integrate ecological restoration, sustainable resource use, and coordinated governance.
Key measures of the law include permanent fishing bans in critical waters, regulation of sand mining, navigation controls in sensitive zones, pollution control, and biodiversity restoration. The YPL also prohibits relocating polluting industries upstream, restricts hazardous chemical transport, and protects shoreline and wetland ecosystems.
As is increasingly the case in China, the YPL embeds environmental protection into economic and land-use planning. By combining detailed statutory provisions, cross-agency cooperation, public oversight and adaptive planning, the YPL creates a model of environmental governance which not only advances China’s ecological modernisation but also offers a potential blueprint for Global South nations confronting similar development–environment tensions.
The author is a Turkish socialist and postgraduate student of Chinese Law and Governance at Tongji University, Shanghai.
As stated in Xi Jinping’s article “Green Mountains and Clean Waters are also Gold and Silver Mountains”, while economic development and growth are prioritized, the environment should not be sacrificed for these goals[i]. Again, in Xi Jinping’s 2017 keynote speech at the opening ceremony of the Belt and Road Forum for International Cooperation, green development was emphasized[ii]. In the same speech, he called for strengthening cooperation in ecological and environmental protection and for building an ecological civilization while achieving the goals of the 2030 Agenda for Sustainable Development. Also in 2017, the Chinese government published the Guiding Opinions on Promoting Green Belt and Road Construction and the Belt and Road Ecological and Environmental Cooperation Plan. From all of these, it can be understood that while the Communist Party of China emphasizes development, the principle of “harmony between humans and nature” is adopted as a guiding concept in China’s path to modernization.[iii]
In terms of these principles, the Yangtze River carries significant importance. Following China’s economic reforms, the rapid development of industry and agricultural methods implemented to increase productivity have led to the pollution of the Yangtze. However, the Chinese government has taken significant protective steps in this regard, one of which is the Yangtze River Protection Law, a unique law exclusively dedicated to the protection of the Yangtze. In this sense, I believe that analyzing this law is important in terms of its potential to serve as a model for countries in the Global South.
There are seven laws related to the environment in China.[iv] Although the Constitution holds a different place within the legal hierarchy, special laws also have practical application in their respective areas. In essence, Article 26 of the Constitution of China directly mandates state action to protect and improve the living and ecological environment. It requires pollution control, afforestation, and forest protection. This is the most direct article in the Constitution concerning the environment and represents the principle of “ecological civilization.” On the other hand, Article 22 of the Constitution, by stipulating the protection of sites of scenic and historic importance, combines environmental and cultural elements under the umbrella of national identity. Articles 9 and 10 also form the constitutional backbone of environmental protection.
In the Civil Code, more provisions can naturally be found on this subject. For example, Article 9 regulates responsibility in this regard. Articles 209, 247–251, and 260–262 reaffirm state and collective ownership and clarify access and usage rights. Articles 324–332 and 346 encourage sustainable land practices and eco-conscious construction. Article 346 specifically mentions standards related to this issue. Articles 509, 619, and 937–942 introduce green obligations into daily commercial and residential practices. Articles 1229–1237 establish a special liability regime for environmental harm. Article 1232 allows for punitive damages in cases of intentional environmental harm. Articles 1234 and 1235 embed environmental remediation in civil enforcement processes.
In this respect, based on the principle of ecological civilization mentioned above, the Law of the People’s Republic of China on Prevention and Control of Soil Contamination, the Water Pollution Prevention and Control Law of the People’s Republic of China, the Law of the People’s Republic of China on Environmental Impact Appraisal, the Sea Areas Administration Law of the People’s Republic of China, and finally the Yangtze River Protection Law of the People’s Republic of China have been enacted.
With the statutory analysis below, it is important to consider how the Yangtze River Protection Law is being interpreted and implemented in practice. According to an article published by the Beijing News on the day the law came into force (March 1, 2021)[v], the Yangtze River Protection Law represents China’s first comprehensive river legislation, aimed not only at bridging institutional fragmentation but also at setting a precedent for granting legal protections to an entire river basin. The law has introduced significant ecological governance mechanisms ranging from a permanent fishing ban in key waters, the regulation of sand mining and navigation in ecologically sensitive areas, to detailed pollution control and ecological restoration measures. It also established a multi-level coordination system among central and local governments, with defined responsibilities and stricter penalties. Furthermore, implementation efforts are being carried out across multiple agencies to protect biodiversity, improve water quality, restore ecosystems, and ensure social compensation for displaced communities. These developments suggest that the law is more than a symbolic commitment: it is backed by concrete, institutionalized actions that align legal norms with administrative practice and environmental objectives.[vi]
The law opens with a statement of legislative purpose under Article 1, establishing its focus on ecological and environmental protection, resource utilization, and sustainable development. Article 2 defines the territorial scope broadly, covering the entire Yangtze River Basin and specifying the administrative divisions affected, including both primary and tributary regions.
Article 3 articulates the core principle of prioritizing ecological conservation and green development over exploitative practices, thereby embedding a restraint-based model of regional planning. This is further institutionalized in Article 4, which mandates the establishment of a basin-wide coordination mechanism to ensure unified planning and implementation. Articles 5 and 6 distribute responsibilities among various levels of government and local coordination bodies, while Article 7 introduces the standard-setting function, covering pollution control, environmental restoration, biodiversity, and aquaculture practices.
Articles 8 through 10 mandate regular surveys of natural resources and wildlife, along with comprehensive monitoring systems and emergency mechanisms to address ecological and environmental risks. These are supported by Articles 11 and 12, which emphasize the development of disaster response systems and scientific consultation mechanisms for infrastructure planning. Article 13 requires inter-departmental information sharing systems, and Article 14 assigns a role to the media and public education in supporting environmental protection goals. Articles 15 and 16 connect environmental policy to cultural heritage protection and encourage participation from non-state actors.
In Chapter II, the law establishes a multilayered planning and control system. Article 17 situates the law within broader national development plans, with special and regional plans forming its operational basis. Article 18 mandates the incorporation of Yangtze protection into local and national economic strategies, while Article 19 provides for the preparation of land and space plans that delineate ecological protection redlines and functional zones. Article 20 introduces control over land use, requiring zoning compliance and permit procedures to regulate development.
Articles 21 and 22 set controls on water usage and pollutant discharge, introducing stricter requirements in areas where water quality is degraded. They also prohibit the transfer of polluting industries to upper and middle reaches of the river. Hydropower is addressed in Article 23, requiring scientific review and imposing rectification obligations for non-compliant small projects. Article 24 affirms protection of river sources through the establishment of national parks and reserves.
Article 25 enforces strict protection of rivers and lakes, while Article 26 introduces shoreline control measures, including a ban on chemical and tailings projects within specified proximity zones. Navigation controls are detailed in Article 27, targeting ecologically sensitive aquatic habitats. Article 28 addresses sand mining, instituting a permit system and delineating no-mining zones.
Chapter III begins with Article 29, which prioritizes urban and rural domestic water use while ensuring basic ecological flow. Articles 30 and 31 detail inter-provincial and ecological water distribution mechanisms, incorporating ecological flow requirements into daily management of key water infrastructure. Article 32 mandates structural and non-structural flood prevention systems, and Article 33 introduces control measures on inter-basin water transfers, emphasizing water and ecological security in donor areas.
Articles 34 and 35 mandate comprehensive drinking water source protection, including emergency response planning and quality monitoring. Article 36 focuses on water quality in the Danjiangkou Reservoir Area, mandating comprehensive ecological management. Groundwater resource protection is addressed in Article 37 through regular monitoring and risk prevention protocols. Article 38 establishes water efficiency targets and control mechanisms for high-consumption sectors.
Articles 39 and 40 govern the management of natural reserves, forests, grasslands, and wetlands. They call for the establishment of national parks and ecological protection zones and promote strict conservation in ecologically sensitive areas. Articles 41 and 42 introduce a biological integrity index for aquatic ecosystems and outline protective measures for endangered aquatic species, while explicitly prohibiting the introduction of non-native species into open waters
Chapters IV through VI of the Yangtze River Protection Law set out a comprehensive framework for water pollution control, ecological restoration, and green development within the Yangtze River Basin. Article 43 establishes the responsibility of both central and local governments to prevent and monitor water pollution. Articles 44 and 45 allow for the formulation of stricter local water quality and pollutant discharge standards, particularly in areas with intensive industrial activity or complex ecological conditions. Article 46 emphasizes phosphorus pollution control, requiring targeted local plans and enterprise-level monitoring, especially in areas with phosphate production.
Article 47 mandates local governments to construct and maintain sewage treatment infrastructure and regulate sewage outlets. Articles 48–51 address agricultural and solid waste pollution, groundwater risks, and hazardous material transport. Notably, the law prohibits the waterborne transport of highly toxic chemicals and promotes environmental risk insurance for vessels.
Chapter V outlines state-led ecological restoration efforts, combining natural and artificial methods (Article 52). Article 53 enforces fishing bans in key waters and mandates social support for affected fishers. Articles 54–55 direct the planning and implementation of river-lake connectivity and shoreline restoration, while prohibiting illegal shoreline use. Articles 56–59 focus on the restoration of riparian zones, forests, wetlands, and habitats of endangered species. Specific measures include ecological replenishment, aquaculture restrictions, and infrastructure to support fish migration.
Article 60 calls for coordinated estuary protection, including sand and salt monitoring. Articles 61–63 focus on soil erosion control, mine restoration, and upstream-downstream cooperation, while encouraging public-private investment in restoration.
Chapter VI promotes green economic transition. Article 64 requires adjustment of industrial layout in accordance with basin-wide plans. Article 65 supports integrated urban-rural development. Articles 66–67 guide the upgrading of heavy industries and establishment of green performance assessments in development zones. Articles 68–70 encourage water-saving technologies, eco-friendly urban construction, aquaculture zoning, and sustainable resource use. Articles 71–73 address the modernization of transport infrastructure, shore power adoption, and vessel retrofitting, while Article 74 promotes green consumption habits, plastic reduction, and recycling initiatives to foster a low-carbon lifestyle across the basin.
Chapters VII through IX of the Yangtze River Protection Law introduce mechanisms of financial support, enforcement, legal liability, and terminological clarification to ensure the effective implementation of ecological and environmental protection throughout the basin. Article 75 requires the State Council and local governments to increase financial input and establish special ecological protection funds, while encouraging private investment, scientific research, and green finance tools such as green bonds and insurance. Article 76 introduces a multi-level compensation system for ecological protection, including both vertical (central-local) and horizontal (regional) transfer payments and market-based compensation mechanisms.
Judicial and supervisory guarantees are provided under Article 77, which mandates inter-institutional coordination among law enforcement agencies, courts, and procuratorates. Article 78 requires performance assessments of lower-level governments, and Article 79 ensures public access to environmental information, reporting mechanisms, and participation. Joint enforcement is mandated in ecologically sensitive areas and major violation cases (Article 80), and under Article 81, higher authorities may summon local leaders in areas of ineffective enforcement. Periodic reporting obligations are assigned to both the State Council and local governments under Article 82.
Legal liabilities are set out in Chapter VIII. Articles 83 to 91 define a range of administrative penalties, including fines, confiscation of illegal gains, and suspension or revocation of licenses for violations such as illegal shoreline occupation, illegal fishing, over-discharge of phosphorus pollutants, unauthorized transport of hazardous chemicals, and sand mining without permits. Article 92 confirms that other applicable laws govern violations not explicitly covered. Article 93 establishes tort liability for ecological harm, while Article 94 provides for criminal prosecution in cases where violations constitute crimes.
Chapter IX (Articles 95–96) defines key geographic and hydrologic terms used in the law, such as the “main stream,” “tributaries,” and “major tributaries” of the Yangtze River. The law officially came into force on March 1, 2021.
The Yangtze River Protection Law represents a watershed in China’s environmental legislative landscape, providing a dedicated and basin-specific legal framework that integrates ecological restoration, resource conservation, and sustainable development. Unlike general environmental laws such as the Water Pollution Prevention and Control Law (WPPCL) or the Soil Pollution Prevention and Control Law, the YPL offers a territorially delimited but normatively rich approach. For instance, Article 1 of the YPL explicitly aims to safeguard ecological security and promote rational resource utilization in the Yangtze River Basin, whereas Article 2 of the WPPCL maintains a broader focus on surface and groundwater pollution, excluding marine areas. Similarly, Article 4 of the YPL introduces a dedicated Yangtze River Basin Coordination Mechanism, assigning specific administrative and ecological responsibilities to local governments—an institutional innovation absent in most other environmental statutes.
In terms of liability and remediation, the YPL aligns with the Soil Pollution Prevention Law, whose Article 46 establishes the polluter’s financial responsibility for investigation and remediation. Likewise, the YPL imposes penalties and restoration duties for shoreline violations, pollution, and unauthorized fishing. Compared to the Environmental Impact Appraisal Law, which emphasizes stakeholder participation under Article 5, the YPL combines participatory mechanisms (Article 79) with public oversight and structured environmental information disclosure duties for local authorities. Moreover, while the Sea Areas Administration Lawprohibits private ownership of maritime zones (Article 3), the YPL introduces access restrictions and functional zoning within one to three kilometers of shorelines, especially for chemical and tailing facilities (Article 26), thereby reflecting a similar concern for ecological functionality tailored to inland river systems.
In conclusion, the YPL consolidates China’s “ecological civilization” and “socialism with Chinese characteristics” principles into a unique legislative model that is both geographically targeted and structurally integrative. Its comparative strength lies in its institutional architecture, enforcement precision, and adaptive governance design. In contrast to more generalized laws that operate at sectoral or national scales, the YPL’s territorial focus allows for deeper coordination between development, conservation, and legal responsibility and shows power of the socialist planning in China. As such, it may serve not only as a blueprint for future watershed-specific regulations within China but also as a reference point for environmental governance reforms across the Global South—particularly in regions facing similar ecological pressures amid accelerated development.
[i] https://www.ndrc.gov.cn/xwdt/ztzl/NEW_srxxgcjjpjjsx/jjsxyjqk/sxzj/202401/t20240116_1364169.html
[ii] http://2017.beltandroadforum.org/english/n100/2018/0306/c25-1038.html
[iii] Liang, H. & Zhang, Y. (2019). The theoretical system of Belt and Road Initiative. Singapore: Springer.
[iv] https://english.mee.gov.cn/Resources/laws/environmental_laws/
[v] https://chinadevelopmentbrief.org/reports/eight-things-you-should-know-about-the-yangtze-rivers-new-legal-rights/
[vi] https://www.ahjd.gov.cn/OpennessContent/show/2186927.html
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