On Legal System Of Whole-process Control Of Atmospheric Pollution From Moving Source

With the rapid development of Chinese economy and people’s living standard, the number of moving sources(including motor vehicles and vessels, aircrafts, agricultural machinery etc.) keeps increasing as a whole, which have contributed greatly to atmospheric pollution problems like haze in our everyday life, apart from benefits and convenience in our life and work. The deteriorating air quality and the growing number of mobile sources in China in recent years make it urgent to whole-process control the air pollutants emitted by mobile sources.As there already has been abundant research in fields like environmental protection technology and environment engineering, this thesis focuses on laws and regulations of whole-process controlling air-polluted emission from moving sources, of which Law of People’s Republic of China on the Prevention and Control of Atmospheric Pollution is the major topic. As Law of People’s Republic of China on the Prevention and Control of Atmospheric Pollution was revised in 2015,the legal system of whole-process control of atmospheric pollution from moving source had been completed in content. But the legal system of whole-process control of atmospheric pollution from moving source still has some shortcomings as below: firstly, as for the standards of moving sources, the standards of moving sources is not strict enough to adapt the current circumstance of atmospheric pollution and there is lack of the inconsistency between fuel standards and emission standards; secondly, in the aspect of the legal system of recall for moving sources with defects of emission,there are lacks of concrete designs on procedure and legal responsibility; thirdly, in the aspect of the legal system of emission inspection and the legal system of maintenance, there are lacks of unified legal system of different moving sources and efficient coordinated rules between the system of inspection and the system of maintenance; fourthly, in the aspect of the legal system of scrapped moving sources, there are issues on narrow range of applicable objects, undefined legal responsibility for scrapping etc.Accordingly, the legal system of whole-process control of atmospheric pollution from moving source should proceed on the basis of Chinese status quo, draw on relevant foreign experiences, define and classify “mobile sources” correctly, improve the standards regulations of moving sources, the legal system of recall for moving sources with defects of emission, I/M system and scrapping system. In one word, these laws and regulations should cover the whole-process control of atmospheric pollution generated during the whole lifecycle of moving sources, so as to make it easier for government to perform its functions of environmental administration, to effectively protect the environmental rights and interests of citizens.