| The real estate industry is one of the pillar industries of China’s economy,with a high contribution rate to gross domestic product(GDP),and has a special position in the development process of the national economy.At the same time,real estate development has also brought about problems such as excessive resource consumption,environmental pollution,and ecological damage,posing a huge threat to the urban ecological environment and the living environment of residents.The 20th National Congress of the Communist Party of China proposed to promote the green transformation of production and lifestyle.Real estate development projects bear the heavy responsibility of designing and implementing green lifestyles,green work methods,and their corresponding green production methods.They should contribute to promoting high-quality economic development in China,promoting the construction of a "beautiful China",and achieving the"dual carbon" goals as scheduled.The green transformation of the real estate industry cannot be achieved without the guidance and norms of national policies,laws,regulations,and other systems.A sound legal environment for real estate development is the foundation for its healthy development,and also the fundamental guarantee for promoting the rapid,healthy,and efficient development of the green transformation of the real estate industry.Through a review of the ecological and environmental laws related to pre prevention,in-process supervision,and post relief systems for real estate development projects,it can be found that there are still some issues with relevant legislation.For example,there are issues such as outdated regulatory concepts in advance prevention,lack of foresight in urban planning,and unclear application of environmental impact assessment systems.In the process of environmental regulation,there are issues such as abstract regulatory content,scattered regulatory processes,and lagging legal regulations.There are problems in the post event relief system,such as low illegal costs for enterprises,heavy legal responsibility for administrative penalties,and single regulatory measures.The reasons for these problems are,on the one hand,due to the rapid development of the economy and society,the connotation and extension of ecological and environmental issues are constantly changing,and many environmental issues have a latecomer nature,which makes the relevant laws relatively lagging behind.On the other hand,it is due to the decentralized nature of China’s relevant legislation and the lack of effective coordination and coordination between laws,which leads to an incomplete environmental regulatory system and poor connection of the environmental regulatory chain.By drawing on the mature experience of foreign environmental regulation methods such as meticulous environmental legislation,horizontal and vertical coordination of laws,and diversification of incentive policies,China should establish a green legislative concept in the ecological environment legislation of real estate development projects in accordance with the requirements of the times,establish a green scientific legislative concept in advance prevention,play a forward-looking role in urban planning,and improve the environmental impact assessment system.Promote local scientific legislation in terms of in-process supervision,establish a leading group for pollution reduction and carbon reduction in the real estate industry,integrate multiple entities to participate in collaborative governance,leverage the synergistic and efficiency enhancing functions of the law,and promote the application of green buildings in conjunction with China’s dual carbon strategy.In terms of post relief,we will improve the environmental responsibility system,increase the cost of illegal activities for enterprises,and develop diversified administrative penalties and environmental incentive mechanisms to better guide the green and high-quality development of China’s real estate industry. |
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