General assessment and revision recommendations on China’s existing legal implementation mechanism related to wetland conservation

3.2 General recommendations on reform of the existing legal implementation mechanism

(1) There should be provision on the responsibility of the forestry department to compile and implement wetland conservation plans, and its responsibility to cooperate with other relevant government agencies in planning. Meanwhile, there should be specific measures on the implementation plan development criteria and procedure, implementation effect assessment criteria and procedures, awarding measures, cross-sectoral cooperation procedures, rights, obligations and legal responsibilities related to information feedbacks, requirement on the implementation plan time bounds, contents, measures and accountabilities of the local governments.

(2) The approach, establishment and integration of operational and enforcement measures should be improved. The improvement of relevant approaches should focus on the shift from administrative regulatory approaches towards multiple approaches combining administrative regulation, economic incentive and administrative supervision. The improvement on establishment of operational and enforcement authority should focus on the shift from substantial authorization towards both substantial and procedural authorization. The

General analysis and recommendations on China’s legal implementation mechanism for wetland biodiversity conservation

integration should be achieved through sharing of information and resources of the current administrative framework by breaking the restrictive management division on individual resource elements to satisfy the need for wetland conservation.

(3) There should be specific or expanded provisions on the procedures and phases of public participation. In addition, there should be provision on litigation channels to expand the form of the public rights, and enabling mechanisms to safeguard the public rights. The clarity on procedures should include the clarity on the right of public participation, right to know and obtain relief, as well as clarity on the obligations of the government to disclose information, respond to public opinions, establish incentive mechanism for public participation, legal accountabilities, etc. Public participation is to expand from the current single focus on the administrative decision-making phase to the administrative management process. The expansion on the subject of public participation is to focus on encouraging the involvement of non-governmental organizations in the various phases of public participation, and promoting their role in assisting government agencies to provide public services. The current participation form of reporting and prosecuting against violating acts should be expanded to include the establishment of the public interest litigation system in China. The strengthening of enabling mechanisms for public participation should emphasize on the establishment of the system of payment for ecologic al services by the government, which is the trustee of ecological interest.

(4) There should be more specific and clear provision on the awarding measures, to fill the gaps of existing legislation and to strengthen the accountability of government agencies. There should be further clarity on the award criteria, conditions, procedures, amount and methods. There should also be provision on the criminal liabilities against the acts that cause serious damage to wetlands. The accountability system of government officials should also be further enhanced. The current legislative framework based on the legal responsibilities of individual officials should be reformed to include the legal responsibilities of the government and government agencies.