China Environmental Noise Pollution Prevention And Control Act Of Defects In The Proposed Amendments - International And Inter-district Perspective

China's current "Noise Contral Law" October 29, 1996 was approved, and has come into force since March 1, 1997, the so far without making amendments.1996 to 2011, 15 years, for all to see China has an amazing change, not only its economic development, but also people's lifestyles, which is challenging the current"Noise Contral Law": the increasing noise pollution, people's growing requirements for improved quality of life, and the legal system with international standards, etc.This paper is divided into four parts: the main problems of the noise control law of China; experience from other countries; recommendations to ours, and, conclusions.This article first presents the main problems of the noise control law of China briefly on different levels of legislation, legal practice and legal liability, pointing out the key points which should be changed.In the second part, this article presents more advanced countries or regions'environmental law: their legislative purpose, basic principles, management system, legal system, legal mechanism, and legal liability. As far as I have read, no monographs or papers have gathered up the file from United States, European Union, Canada, Germany, Japan, Hong Kong, Macao and Taiwan. In particular, EU law was even fewer. This article examined a large number of the original law.Then, according to the inspiration from the foreign law and legislative situation in China, I also began my research from the following aspects. Respectively, put forward the assessment and modification recommendation: Legislation purpose, the purposes of noise pollution control there is not special, so it cannot reflect the new conceptions in recent years; Basic principles, "Noise Control Law" cannot can not reflect the basic Principles of the law, and it has weak link with "Environmental Protection Law"; Management system, the paper research it from two levels "the relationship between central and local" and "different departments " ; The legal system, this paper researches this problem on 6 aspects, the standard system, environmental impact evaluation system, the sewage permit system, charging system, monitoring system and limit for the proposed system; Legal mechanism, I research it from incentive mechanism, public participation mechanisms, and information disclosure mechanism; Law liability, make it more strong, and increase enforcement and so on.The last part is a summary of the full text: The Noise Control Law plays an important role in protecting environment, but it still needs to take a further enhancement.