China’s Crackdown on Crypto Mining from a Climate Perspective: Unified Efforts from Administrative Authorities and the Judiciary

Abstract

This article presents an examination of the unified efforts by China’s central authorities and the judiciary in the crackdown on crypto mining within the country. It discusses the environmental ramifications of crypto mining and traces its development in China, highlighting the resource-intensive nature of the process. Crypto mining risks China’s national objectives of promoting high-quality economic and social development, as well as industrial optimisation, energy conservation and emissions reduction. The central government’s commitment to climate goals and ecological civilisation, coupled with the perceived minimal economic benefits and substantial environmental damage caused by crypto mining, led to the issuance of the Notice on Rectifying Mining Activities of Virtual Currencies in September 2021. This article discusses the implications of the Notice and how it has been implemented at both national and local levels by the administrative authorities. With reference to typical cases, it examines how the judiciary in delivering judgments has kept in line with the spirit of the Notice by analysing mining-related civil disputes as they arise in courts and reflects on the interplay of legal and administrative measures in shaping a sustainable and environmentally conscious approach to emerging technologies in China and beyond.