1. Introduction
Marine environmental pollution is one of the most prominent environmental problems in China [
1]. On the surface, the relevant issues are engineering and technical in nature, but there are also institutional issues that require consideration [
2]. Affected by traditional thinking, China has paid more attention to the land than the sea, so its marine environmental protection efforts started relatively late, and there are many shortcomings in the division of regulatory responsibilities, departmental coordination, social participation, and other aspects; thus, the problem of no clear leader while many subjects engage in management, caused by the segmentation of land and sea, has always been the most prominent contradiction in China’s marine environmental management system [
3]. Therefore, in 2018, the CPC Central Committee issued the “Deepening Party and State Institutional Reform Plan”, established the Ministry of Natural Resources and the Ministry of Ecology and Environment, and endowed the Ministry of Ecology and Environment with the function of protecting the marine environmental, breaking the traditional dual structure of land and sea division and laying a solid foundation for building an integrated land-sea environmental governance system [
4]. Although the institutional reform of the State Council has eliminated the original administrative barriers between the land and sea departments, marine environmental governance itself is a complex system that not only involves collaboration between marine-related government departments but also requires the cooperation and participation of enterprise organizations, citizen groups, and individuals [
5]. In March 2020, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued “The Guiding Opinions on Building a Modern Environmental Governance System”, which clearly states that all the governing subjects should take the responsibilities and act as market entities and the public should be cultivated and promoted to establish an environmental governance system with a clear direction, scientific decision-making, strong execution, effective incentives, participation from multiple parties, and benign interaction, thus establishing the direction for building a modern marine environmental governance system. However, this guiding opinion is only a programmatic proposal, and it does not give any answer to specific questions on China’s modern marine environmental governance, including who are the main bodies of modern marine environmental governance; what are the roles of different subjects; what is the relationship between the different subjects; what will be the structure of modern marine environmental governance in China with the participation of multiple subjects; how does the modern environmental governance system realize the overall land-sea environmental governance; how does it work. Answering the above questions can provide significant guidance for comprehensively promoting the reform of China’s marine environmental governance system in the future, solving the existing problems, such as unclear regulatory responsibilities, low level of coordination between departments, low level of participation of enterprises and the public, and improving the efficiency of marine environmental governance.
The research on marine environmental governance system in academic circles can be mainly divided into two aspects. One aspect focuses on the current conditions and studies the development history, policy content, participants, and operational mechanism of marine environmental governance in a country or region, aiming to find out the existing problems and put forward the improvement solutions [
6,
7,
8]. Another aspect is to focus on the future development and explores the application of modern environmental governance concepts such as multi-center governance and ecosystem management in the field of marine environmental governance [
9,
10]. By summarizing useful experience and analyzing applicable conditions, it explores the design of an effective and feasible marine environmental management system under modern environmental governance. The research on China’s marine environmental governance mainly focuses on the first aspect. Many scholars reflect on the existing marine environmental management system in China, and analyze many problems such as the single governance body, the low level of participation of enterprises and the public, the unclear responsibilities of regulatory authorities, and the separation of land and sea environmental governance, based on which they discuss how to improve the efficiency of environmental governance [
2,
3,
4]. However, these studies are still confined to put forward the improvement measures according to the traditional environmental management concept, lack of in-depth discussion and exploration for the application of modern environmental governance concepts such as multi-center governance and ecosystem management in the field of marine environmental governance, and thus hard to meet the goals proposed in “The Guiding Opinions on Building a Modern Environmental Governance System”. Although there are many theoretical and applied researches on modern governance in western developed countries, such as the multi-centered governance of the marine environment and the integrated management of marine ecosystems, there are big differences between China and western countries in political systems, economic structures, and social cultures, so the design of China’s modern marine environmental governance framework should be different, and it needs to be based on the actual problems of China’s marine environment and the background of the environmental supervision system to do in-depth exploration.
Considering the above realistic background and current research situation, this article follows the goal orientation proposed in “The Guiding Opinions on Building a Modern Environmental Governance System”, tries to explore the main body, structure and operating mechanism of China’s marine environmental governance under the modern environmental governance concept, and proposes a forward-looking and guiding theoretical framework of China’s modern marine environmental governance, to make up for the deficiencies of existing research, and to provide some reference for the reform of China’s marine ecological protection system in practice. Identifying the participating subjects is the primary prerequisite for constructing a modern marine environmental governance system. Based on this, through analyzing the interrelationships between different subjects, and building a multi-dimensional network of modern marine environmental governance from multiple dimensions of power, society, and regions, we can clarify the composition and relationship of the elements in the governance system. The analysis of governance structure is just from a static level, and the analysis of operating mechanism is from a dynamic level, exploring how to coordinate and integrate different subjects and various elements to improve the efficiency of environmental governance. According to the research design from subject identification to operating mechanism analysis, the rest of this article is arranged as follows. The second part firstly identifies the participating subjects in modern marine environmental governance. The third part is to analyze the subject relationship of China’s modern marine environmental governance. The fourth part is to analyze the structural characteristics of China’s modern marine environmental governance from a static level. The fifth part is to analyze the operating mechanism of China’s modern marine environmental governance from a dynamic level. The sixth part is conclusion and discussion.
2. Subject Identification of Modern Marine Environmental Governance in China
Clarifying the relationships between the subjects of marine environmental governance is an important prerequisite for establishing a modern governance system with clear responsibilities and orderly coordination. A subject is a person who is engaged in practical activities, so in marine environmental governance, the subject is its initiator and executor [
11,
12]. Under the background of the reform that promotes the transition from traditional management to modern governance, both the categories and role positioning of subjects in China’s marine environmental governance have changed.
The change in participants is the most prominent feature in the transformation from traditional environmental management to modern environmental governance [
13,
14]. The former mainly focuses on the government and privatization models that solve the dilemma of collective action, which regard the government as a single management subject and enterprises and the public as passive recipients [
15]. However, under the concept of modern environmental governance, the subjects consist of not only the government but also enterprises, the public, non-governmental organizations, and other participating parts, emphasizing equal and coordinated governance among multiple subjects [
16].
First, the government has always played an important subject role, both in traditional marine environmental management and modern marine environmental governance, which is mainly related to the perception that the marine environment has public goods attributes [
17,
18]. At the same time, marine environmental protection itself is a systemic issue involving land and sea areas in different regions, which requires coordination and cooperation between higher and lower governments, governments of different regions, and governments of different departments [
19]. Before the reform of the central government in 2018, the marine environment supervision responsibility was mainly under the State Oceanic Administration, but its function was limited to environmental supervision of estuaries and offshore waters, while the supervision of pollution discharged into the sea through land-based rivers belonged to the Ministry of Environmental Protection. This type of land-sea environmental supervision has caused departments to evade each other’s responsibilities, and it is difficult to form governance synergy, which greatly affects the efficiency of China’s marine environmental governance. Since the reform of the central organization in 2018, the newly formed Ministry of Natural Resources has assumed the responsibility of the former State Oceanic Administration, the Ministry of Water Resources, the Ministry of Agriculture, and other relevant departments for marine resource supervision, and the newly formed Ministry of Ecology and Environment is charged with pollution prevention and control, which was originally the responsibility of the State Oceanic Administration. The governance dilemma stemming from the division of land and sea has now been broken from the central level. The Ministry of Ecology and Environment can not only supervise and control environmental pollution on land, but also supervise the marine environment, while the Ministry of Natural Resources has realized the overall supervision of land and sea natural resources (see
Table 1). In addition, since inland areas are the main sources of land-based marine pollution, the relevant subjects include not only the local governments of the 11 coastal provinces and cities in China but also the local governments along the inland river basins, which participate in land-based pollution discharge.
In the modern marine environmental governance model, enterprises, the public, and non-governmental organizations are considered to be important parts that can play the roles of market mechanisms and social mechanisms [
20]. The relationship between the marine environment and enterprises is two-way, meaning that enterprises are not only the main body involved in damaging the marine environment but are also important in terms of protecting the marine environment [
21]. From the market mechanism perspective, enterprises are important providers of marine environmental public products and play a key role as core carriers. The marine environmental governance enterprise subjects are mainly companies that participate in the reduction of marine environmental pollution and include a small number of companies directly engaged in marine environmental pollution control and marine environmental pollution supervision. For the former, the main manifestations of participating in environmental governance are the green transformation and upgrading of production methods and the conscious reduction of pollution emissions, which mainly depends on the government’s incentives and guidance. As for the latter, the motivation to participate in environmental governance is not only the green fund subsidies or technical support given by the government, but also the market profit. In practice, China mainly adopts the way that the government purchases corporate services with environmental pollution control as its main business to ensure corporate profits. This model has achieved remarkable results in the practice of promoting the classification and management of domestic waste in China [
22]. Statistics show that as of August 2020, the number of enterprises involved in waste sorting and treatment business in China has reached 424,000, making outstanding contributions to the treatment of domestic waste [
23]. On the contrary, companies involved in marine environmental pollution are still low, and the number of companies directly engaged in marine environmental governance is relatively small. This is mainly related to the high technical demand and large capital investment of marine environmental pollution control and marine ecological restoration. So the government needs to give certain green subsidies and supports, and at the same time provides technical and intellectual support for enterprises through the form of industry-university-research cooperation.
Because of marine mobility, any consumer may be affected by marine pollution, so the quality of the marine environment is inseparable from the interests of the public, and the public has sufficient motivation to participate in marine environmental governance [
24]. In addition to individual forms, the marine environmental protection social organizations (such as non-governmental environmental protection organizations and marine environmental protection associations) that exist in collective forms are also important social participants, and they are more active in terms of expressing their wishes for marine environmental governance, participating in governance policy formulation and development, supervising environmental governance and so on [
25]. After years of development, several professional marine environmental protection social organizations have formed, such as the China Oceanographic Society, the “Blue Ribbon” Marine Conservation Association, and the Shenzhen Blue Marine Environmental Protection Association, but due to their late start, they still face various problems, such as incomplete management systems, imperfect legal systems, weak public foundations, single sources of funds and low professional levels [
26,
27].
5. Operational Mechanism of Modern Marine Environmental Governance in China
5.1. The Governance System
The marine environmental governance structure presents the relationships between the subjects of the governance system from a static dimension, while the operating mechanism further combs the collaborative evolution logics between different elements from a dynamic dimension and explores the transmission path of governance effectiveness under the given structure and conditions. The power, social and regional structures of China’s modern marine environmental governance do not exist independently but are intertwined and interrelated. They run through the entire process of institutional arrangements, process coordination, and feedback adjustment of marine environmental governance and together constitute a dynamic and complete operating system (as shown in
Figure 1). Accordingly, the operating mechanism of China’s modern marine environmental governance system consists of the design and transmission of the top-down governance system arrangement, the coordination and unification of multi-subject and cross-regional governance processes, and the transmission and optimization of bottom-up governance feedback, which are ultimately manifested as a crisscross, interconnected, and orderly governance system.
5.2. The Top-Down Governance System Arrangement
The marine environmental governance structure with clear rights and responsibilities, participation from multiple parties, and land-sea coordination is not formed spontaneously but requires scientific and reasonable institutional arrangements to restrict and guide itself. Reasonable planning of marine development from the perspective of marine ecosystems and step-by-step clearance of marine environmental protection responsibilities are key to avoiding the occurrence of a tragedy of the commons situation in sea areas. Government departments, especially the central government, are central in the design of the marine environmental governance system. After the institutional reform, the State Council and the Ministry of Ecology and Environment assumed this responsibility. The target of the marine environmental governance system is the main body responsible for local marine environmental protection, and the purpose is to regulate the marine development behaviours, ensure the fulfilment of the marine environmental protection responsibilities, and promote the sustainable development of the marine environment.
The arrangement of the marine environmental governance system in China can be divided into two categories. One is the prevention and control system, which mainly develops the targeted and overall top-level planning for the marine environment, including sea usage planning, marine functional zoning, marine ecological red lines, total pollution control in the sea, and other institutional measures. The ecological red line refers to the areas with special important ecological functions that must be strictly protected. It is the bottom line and lifeline to protect and maintain national ecological security. The other category is the inspection and accountability system, which mainly reviews the execution performance of local governments’ marine environmental protection responsibilities, including marine environmental protection inspections, green performance evaluation, and other institutional methods. The vertical governance structure from the central to local governments is the main path through which the effectiveness of the marine environmental governance system is transmitted. The central government, which emphasizes the aim of sustainable development of the marine environment, formulates marine development and environmental protection regulations based on the natural characteristics and basic situation of the national marine environment and provides overall and instructive institutional arrangements. Then, local governments consider their specific conditions and formulate more detailed institutional norms, such as provincial marine functional zone planning and provincial and municipal marine ecological red line planning. Local governments have more complex considerations in the relevant interests, so there are always some deviations in the implementation of the central environmental policies and, thus, the inspection and accountability system has become an important constraint from the central government [
41]. After the institutional reform, the Ministry of Ecology and Environment assumed the responsibility of inspecting environmental protection projects in coastal areas and inland areas related to pollution discharge. With the help of routine inspections, special inspections, “look back” and other methods, the specialized inspection agency of the Ministry of Ecology and Environment reviews the implementation of prior plans, such as the usage of sea areas, the protection of marine ecological red lines, and the prevention and control of marine environmental pollution, and provides feedback on the inspection results to the Central Organization Department. The Central Organization Department incorporates the results of the environmental protection inspections into the green performance assessment as a basis for the appointment and removal of local cadres, thereby forming a process for intervening in and restricting the behaviours of the local governments. Finally, relying on the two institutional means of environmental protection inspection and green performance evaluation, a closed effectiveness transmission process is formed between the Ministry of Ecology and Environment, the Central Organization Department, and the local governments.
5.3. The Coordination of Multi-Subject and Cross-Regional Governance Processes
According to the top-down arrangement of the marine environmental governance system from the central government, the local governments are regulated as the subjects responsible for marine environmental governance, while the local ecological environment departments serve as the execution subjects, and the public and the environmental protection organizations serve as important participants, and these three subjects cooperate to implement the management of the marine environment. The effectiveness of marine environmental governance at the local level is affected not only by the degree of coordination among the local governments, ecological and environmental departments, and social entities but also by whether an integrated and cooperative governance relationship can be established among the different regions, especially between the inland basin and coastal areas.
First, the local governments, in accordance with the central requirements of marine environmental governance, coordinate and guide the ecological environment departments to develop usage plans for sea areas, scientifically delineate the marine ecological red lines, clarify the specific regulations and plans for marine environmental governance within its jurisdiction, and form a regional marine environmental management system that ensures that everyone’s responsibilities are clear. Social entities, as important participants, participate in marine environmental protection planning and governance decisions through hearings, Internet platforms, and other methods and provide opinions on various prior institutional arrangements formulated by local governments. Considering the professional characteristics of marine environmental planning, marine environmental protection organizations with high degrees of organization and complete professional knowledge should play a major role in this process. Second, during the implementation of the marine environmental governance system, the local ecological environment departments are to assume the governance duties and supervise the implementation of the marine environmental planning and related standards within its jurisdiction. Because they are mostly regulated by local governments and their authority is relatively limited, it is usually difficult to effectively restrict local governments, which pay more attention to economic interests. Therefore, the regional inspection bureaus of North China, East China, South China, Northwest China, Southwest China, and Northeast China were specially set up in the Ministry of Ecology and Environment in the 2018 institutional reform to undertake the supervision of ecological and environmental protection, thereby forming effective constraints on the marine development and protection of provincial governments. Finally, the cooperation between the inland and coastal areas related to land-sourced pollution is another important part of the coordination of the marine environmental governance process. As one of the main types of marine pollution, land-sourced marine pollution has complex characteristics, such as trans-administrative regions and unclear responsibilities, requiring overall coordination from the central level. After the institutional reform, the Ministry of Ecology and Environment established the Second Division of Marine Pollution Control and Supervision to undertake the supervision of land-sourced pollution. Under the coordination of the Ministry of Ecology and Environment, the land and coastal areas can revolve around the total pollution control system, interconnect at environmental monitoring points, technicians, monitoring information and other levels, promote the transaction of pollution discharge rights into the sea among different regions through the differentiated allocation of pollution allowances, form an incentive and restraint mechanism for land-sea integration and ensure the coordination and unity of the cross-regional governance processes.
5.4. The Bottom-Up Governance Feedback and Adjustment
Adaptive coordination from the bottom to the top is the most prominent feature of changing from management to governance [
42]. Since the 19th National Congress of the Communist Party of China, the focus of China’s environmental governance has been continuously shifting downwards, and “adjusting measures to local conditions and implementing precise policies” has become an important concept followed in the environmental governance of local governments. The marine environment is characterized by diversity and complexity. The “top-down” institutional arrangement may not be compatible with the characteristics of the local marine environment and local governance entities. Therefore, it is usually difficult to achieve the effective governance of the marine environment with the government alone as the governance subject. Based on the concept of adaptive governance, encouraging local governments, enterprises, the public, and environmental protection organizations with local knowledge to explore new models of marine environmental governance tailored to local conditions in the process of “learning by doing” is an important part of China’s modern marine environmental governance operating mechanism. It is also a prominent feature that distinguishes it from the traditional marine environmental supervision system.
There is an important prerequisite for ensuring the realization of bottom-up adaptive feedback and adjustment; that is, the central government maintains flexible policy implementation rules and provides sufficient institutional space for local governments to independently explore innovative governance models [
43]. In recent years, a series of innovative governance systems formulated by the central government have all included flexible rules, such as marine ecological red lines, gulf chief systems, and total pollution control in the sea. Pilot practice at the local level is the key to determining whether the system can be effectively implemented. At the same time, it will help to further improve the construction of the system to gradually form a practical and extendable governance model and promote various innovation systems to be implemented at a larger scope and higher level by summarizing the common experience of local pilot practices and feeding it back to the central government. Taking the gulf chief system as an example, after the State Oceanic Administration issued the “Guiding Opinions on the Pilot Work of the Gulf Chief System” in 2017, Zhejiang, Qinhuangdao, Qingdao, Lianyungang, and Haikou successively implemented the pilot practices. Zhejiang has established an organizational structure that involves integrating the coast and mudflats and ensures full coverage and has combined the gulf chief system with ecological red lines, disaster emergency prevention, fishery restoration, and other regulatory systems to achieve joint governance. The other four cities have also integrated their features and specific issues with the gulf chief system, actively exploring the organizational structure, division of responsibilities, operation model, and other aspects. The practical experience of the local pilots has provided a valuable reference for the central government to further formulate an action plan for the gulf chief system and comprehensively promote it nationwide. In May 2019, the Ministry of Ecology and Environment organized a national marine ecological and environmental protection work conference to make specific arrangements for the continuous advancement of the gulf chief system. Since then, Hebei, Fujian, Guangdong, and other coastal areas have successively introduced implementation plans for the gulf chief system, and it began to be fully implemented in coastal areas across the country. It can be observed that bottom-up governance feedback and adjustment complement the top-down governance system arrangement. The governance practices of the local subjects with local knowledge will provide important experience for the design and improvement of the central systems and avoid incompatibility and mismatch during implementation. At the same time, a more complete top-level design will also help the central government find problems in time and avoid implementation deviations by the local governments. In the future, bottom-up governance feedback and adjustment will play a decisive role in the design, optimization, promotion, and implementation of a series of new systems, such as total pollution control in sea areas and marine ecological compensation.
6. Conclusions
Since the reform of national institutions in 2018, China’s marine environmental governance system has undergone significant changes, and modern environmental governance concepts, such as comprehensive coastal management and meta-governance, have become an important theoretical basis for guiding environmental governance practices. The change of subjects is the most prominent feature in the transformation from traditional environmental management to modern environmental governance. The government has always been the leader of China’s marine environmental governance, assuming multiple roles, such as designer, servicer, and coordinator. The institutional reform of the State Council has broken the governance dilemma of multiple supervision and no responsibility caused by the division of land and sea from the central level and has more clearly defined the governance responsibilities of the different functional departments. Enterprises and the public are also important participants and supervisors of modern environmental governance and can compensate for the lack of government mechanisms.
Combining the logical relationships between the governance subjects based on the role positioning of governance subjects and the perspective of stakeholders is an important prerequisite for establishing a modern, diversified and collaborative environmental governance system. Under the constraints of the top-down supervision system of marine and environmental protection inspectors, the central and local governments have gradually converged on the goals of marine environmental governance, which has effectively prevented secret collusion by local governments and manipulation of statistical data by local officials. At the local level, the problems of unclear responsibility and no responsibility caused by administrative barriers have been solved through the coordination and cooperation of local governments in marine environmental governance, which is based on the overall perspective of comprehensive coastal management, and with the help of the river and gulf chief systems. The joint participation of enterprises and the public is an important feature of the modern marine environmental governance system, and this requires the government to adopt a “meta-governance” attitude as a service provider, to appropriately delegate environmental supervision powers, and to explore market and social mechanisms, such as emissions trading and information disclosure, to guide enterprises and public and environmental protection organizations to actively participate in marine environmental governance.
The marine environmental governance subjects interact and integrate to form a complete governance structure. The modern marine environmental governance structure in China mainly consists of the following three parts: the crisscross structure of the government’s rights, the social structure of multi-subject coordination and cooperation, and the regional structure of land-sea coordinated environmental governance. These three governance structures do not exist independently but run through the entire process of institutional arrangement, process coordination, and feedback and adjustment of marine environmental governance, forming a dynamic and complete operating system. This operating mechanism includes the following three parts: the design and transmission of the top-down governance system arrangement, the coordination and unification of the multi-subject and cross-regional governance processes, and the transmission and optimization of the bottom-up governance feedback process, which are finally manifested as a crisscrossing, interconnected and orderly governance system.