3. Strengthen accountability for restoration, establish the principle of "restoration first, supplemented by parallel penalties," and empower the government to pursue recovery through substitute performance, effectively addressing the persistent issue of "penalizing without requiring repairs." Member of the 10th Criminal Law Committee of the All China Lawyers Association; Deputy Director of the 12th Criminal Law Committee of the Beijing Lawyers Association; Independent Director at Peking University Pharmaceutical (000788); Recognized in the 2025 LEGALBAND China Top Lawyers Ranking under White-Collar & Business Crime and Compliance; Named among the Top 15 Lawyers on the 2025 LEGALBAND China Lawyer Special Recommendation List; Selected as a Special Recommendation Lawyer in the Compliance领域 for the 2024 LEGALBAND China Top Lawyers Ranking; Also recognized as one of the Top 15 Lawyers on the 2024 LEGALBAND China Lawyer Special Recommendation List for Business Crime and Criminal Compliance; Listed as an Elite Under 40 on the Greater China region list by LexisNexis in 2024; Visiting Scholar at Cornell University and the University of Chicago; Deputy Secretary-General of the Peking University Financial Alumni Association; Member of the Board of Directors of the Beijing Society of Criminology; and Member of the Board of Directors of the Beijing Society of Comparative Law, among other prominent roles. He specializes in providing clients with comprehensive legal services that span criminal, administrative, and civil-criminal intersectional areas, particularly in handling complex and challenging cases. His expertise extends to corporate crisis management, environmental protection, finance and securities, computer networks, and intellectual property, where he has accumulated extensive practical experience.
One
Summary of provisions in the draft code addressing heavy metal contamination
The draft code features a clearly defined technical framework for managing heavy metal pollution:
1. Regarding the associated heavy metal types, the list directly includes typical pollutants such as mercury, cadmium, arsenic, chromium, and lead, while also covering potential heavy metal risks like nickel, copper, and zinc through broader terms such as "other toxic and harmful substances" and "key-controlled emerging pollutants."
2. Establish a full-chain closed-loop control mechanism by implementing layered measures to prevent pollution from spreading—starting with source prevention (e.g., banning products exceeding standards, restricting pollutant inputs), followed by process control (e.g., managing hazardous waste through proper classification, enforcing strict regulations on water discharges), and culminating in end-of-pipe treatment (e.g., remediating contaminated soil, protecting agricultural land).
3. At the same time, leveraging a cross-sectoral collaboration mechanism, the Water, Soil, Solid Waste, and Air divisions will jointly establish a "comprehensive prevention and control system," with particular emphasis on strengthening systematic safeguards for agricultural land safety and groundwater protection.
Two
Summary of Legal Liability Provisions Related to Heavy Metal Pollution in the Draft Code
The draft code establishes a systematic closed loop of legal responsibilities for heavy metal pollution.
1. Through generalized terms such as "toxic and hazardous substances," "hazardous waste," and "priority-controlled emerging pollutants," along with implicitly defined expressions like "dust" and "toxic-contaminated materials," comprehensive oversight is achieved over both typical heavy metals—such as mercury, cadmium, lead, and chromium—and expanded pollutants like nickel, copper, and zinc.
2. Escalation of Legal Liability: Imposing fines of up to 5 million yuan (Article 1151), coupled with comprehensive punitive measures such as administrative detention, qualification bans, and business suspension or closure.
3. Emphasize comprehensive chain-of-control: Covering every stage from production emissions and solid waste management to land remediation and data monitoring, creating a systematic approach to heavy metal pollution control that spans "source, process, and end."
Three
The draft code introduces innovative legal responsibilities for heavy metal pollution.
The draft code systematically restructures the legal liability system for heavy metal pollution:
1. By establishing joint and several liability for the commissioning party and imposing a comprehensive remediation obligation on the land user, we can effectively address the challenge of identifying the responsible party for pollution.
2. Revamp the penalty mechanism by implementing daily fines as a regular practice, linking fines directly and rigidly to both the cost of enforcement and compliance expenses—ensuring that the financial consequences of violations far outweigh any potential gains.
3. Strengthen accountability for restoration, establish the principle of "restoration first, supplemented by parallel penalties," and empower the government to pursue recovery through代履行 (substitute performance), effectively addressing the persistent issue of "penalizing without requiring repairs."
4. Extend the scope of control by including new pollutants like hexavalent chromium under regulation, and strictly crack down on heavy metal emissions from agricultural land to prevent risks of food chain contamination.
5. Strengthen disciplinary measures by institutionalizing the seamless transition between administrative and criminal enforcement, ensuring that all cases involving criminal offenses are referred for prosecution and penalties can be applied in lieu of alternative actions. Additionally, impose a dual punishment on organizations caught falsifying monitoring data—revoking their accreditation while banning individuals from the industry for life. Furthermore, hold individuals personally accountable across the board for malicious pollution activities.
In summary, the draft code innovatively establishes a robust legal framework for holding parties accountable under heavy metal pollution laws, providing a solid foundation of legal enforcement to effectively tackle and mitigate heavy metal contamination.
Introduction to the Environmental Business Team Lawyer
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Wang Weining
Beijing Xinglai Law Firm
Deputy Director, Founding Partner
Member of the 10th Criminal Law Committee of the All China Lawyers Association; Deputy Director of the 12th Criminal Law Committee of the Beijing Lawyers Association; Independent Director at Peking University Pharmaceutical (000788); Recognized in the 2025 LEGALBAND China Top Lawyers Ranking under White-Collar & Business Crime and Compliance; Named among the Top 15 Lawyers on the 2025 LEGALBAND China Lawyer Special Recommendation List; Selected as a Special Recommendation Lawyer in the Compliance领域 for the 2024 LEGALBAND China Top Lawyers Ranking; Also recognized as one of the Top 15 Lawyers on the 2024 LEGALBAND China Lawyer Special Recommendation List for Business Crime and Criminal Compliance; Listed as an Elite Under 40 on the Greater China region list by LexisNexis in 2024; Visiting Scholar at Cornell University and the University of Chicago; Deputy Secretary-General of the Peking University Financial Alumni Association; Member of the Board of Directors of the Beijing Society of Criminology; and Member of the Board of Directors of the Beijing Society of Comparative Law, among other notable roles. He specializes in providing clients with comprehensive legal services that span criminal, administrative, and civil-criminal intersectional areas, particularly in handling complex and challenging cases. His expertise extends to corporate crisis management, environmental protection, finance and securities, computer networks, and intellectual property, where he has accumulated extensive practical experience.
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Su Zhongming
Beijing Xinglai Law Firm
Member of the Management Committee, Head of the Compliance Center
Master of International Law from Jilin University. As one of the first batch of corporate compliance professionals certified at the senior level, I have handled numerous compliance cases and led the development of compliance management systems for central state-owned enterprises, public institutions, and private companies. Additionally, I successfully guided the team in completing the Compliance Demonstration Zone Project in Jiaxing City. I’ve also been frequently invited to share my expertise at Renmin University of China’s School of Law, participating in the renowned "Corporate Compliance Case Study Seminar" and delivering lectures and presentations to major central state-owned enterprises and other prominent organizations.
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Xu Rui
Beijing Xinglai Law Firm
Partner
Master of Laws from Wuhan University. Named GRCD China's Young Lawyer of the Year 2025. Specializes in commercial dispute resolution, corporate legal services, and high-stakes criminal defense, as well as corporate compliance. Possesses extensive practical experience across areas such as commercial litigation, criminal defense, corporate disputes, and financial conflicts. Has successfully represented clients in numerous cases where losses were recovered through retrial procedures and third-level review processes.
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Li Zeyu
Beijing Xinglai Law Firm
Advisor
Master of Economic Law from Peking University. With over ten years of experience in legal and compliance management within the investment and financing sector, my expertise lies in private equity fund management, equity investments, antitrust law, and corporate governance compliance. I have been involved in the full-cycle legal work of numerous private equity funds and M&A/restructuring projects, serving a diverse range of clients—including well-known private equity firms, various technology companies, and leading manufacturing enterprises.
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Fan Yun
Beijing Xinglai Law Firm
Lawyer
Bachelor of Laws from China University of Political Science and Law, Master of Laws from Renmin University of China. Previously worked at a leading state-owned financial enterprise, gaining extensive practical experience in areas such as civil and commercial dispute resolution, corporate internal governance, criminal defense and prosecution, and managing significant legal risks. Leveraging expertise in the intersection of criminal, civil, and administrative law, I provide comprehensive, one-stop legal services tailored to clients—including numerous publicly listed companies and central enterprises.
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Huang Xinran
Beijing Xinglai Law Firm
Lawyer
Master of Laws from Peking University. Throughout my career, I have been involved in the criminal defense of numerous high-profile cases involving major economic and official misconduct crimes. I have also provided comprehensive and specialized compliance services to large state-owned enterprises, public institutions, and listed companies. Additionally, I have assisted multiple overseas construction subsidiaries of state-owned enterprises in navigating World Bank and multilateral development bank compliance investigations, as well as sanctions-related challenges. Furthermore, I have supported Fortune Global 500 companies and publicly traded firms in addressing antitrust administrative penalties and implementing compliance remediation measures.
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Ma Xueyan
Beijing Xinglai Law Firm
Lawyer
Bachelor of Laws from China University of Political Science and Law, and Master of Laws from the University of Edinburgh in the UK. His primary practice areas include civil and commercial dispute resolution, criminal defense, ongoing legal advisory services, as well as corporate legal risk management and compliance. He serves clients across a diverse range of industries, including real estate, defense manufacturing, retail, entertainment, and manufacturing.
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Chen Yujie
Beijing Xinglai Law Firm
Lawyer
Doctor of Jurisprudence (J.D.) from the University of Sydney. Holds both Chinese legal practice qualifications and Australian New South Wales legal professional qualifications. Has represented clients in numerous criminal cases involving corporations and entrepreneurs, as well as cases of official misconduct. Additionally, has provided comprehensive and specialized compliance services to several large state-owned enterprises.
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Layout: Wang Xin
Review: Management Committee
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