Restorative environmental governance in China: long-term compliance for conditional non-prosecution in campaign-style criminalization enforcement

Abstract

This paper examines the emergence and impact of restorative gov-ernance in China’s sustainability framework, representing a notewor-thy evolution in environmental policy. Since 2012, in response to thelimitations of traditional campaign-style enforcement characterizedby criminal charges and punitive measures, local authorities haveintroduced a conditionally non-punitive mechanism designed toincentivize compliance. This mechanism grants immunity from pros-ecution and imprisonment to first-time environmental offenders,contingent upon their adherence to long-term corrective measures.Empirical evidence from Jiangsu Province demonstrates that thisrestorative approach has gained considerable acceptance, spreadingfrom the East to the West of China and culminating in its adoptionnation-wide. Notably, these local conditional non-punitive mecha-nisms serve as a practical novel approach, enabling authorities toreconcile conflicting policy objectives—such as mitigating industrialpollution without disproportionately criminalizing business leaders inthe East, and implementing large-scale ecological resettlement with-out penalizing opposition from local communities in the West.Compared to traditional campaign-style or adaptive governance, thestrict conditionality embedded in restorative governance enhancesdeterrence and promotes sustained compliance. As a result, thisapproach emerges as a vital augmentation, strengthening thelong-term efficacy of environmental enforcement while providing aflexible buffer that accommodates local governance nuances withinthe broader national policy implementation