The Legal Framework for the Prevention and Control of Water Pollution in the People's Republic of China

By Bernadette V. Brennan

This note analyzes China's legal framework for the prevention and control of water pollution as it is implemented in the Beijing Municipality. The introduction includes a brief history of water law in China. The note then compares the U.S. and Chinese methods of analyzing environmental protection law and analyzes Chinese water pollution law in terms of equity, economic efficiency, and administrative simplicity. Finally, the conclusion states that, although present laws represent a laudable effort to implement measures which might prevent and control water pollution, the framework is inherently flawed because it makes a legal distinction between surface water and ground water.