| In recent years,with the further development of our industrialization and urbanization,the ecological environment suffered serious damage.Frequent "haze" accidents predict that air pollution prevention has already come to the instant condition.Regional atmospheric environment with the particular pollutants of particulate matter(PM10)and fine particulate matter(PM2.5)stands out day by day and threatens human health gravely.Facing the serious problem of air pollution in our country,the legal system is perfect or not,play a important role in the protection.With the phenomenon of air pollution is so increasingly serious that more and more person think about the regional prevention mechanism of air pollution.The environmental protection law and Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution(the revised draft)also write the regional prevention mechanism of air pollution into the law,in order to make the traditional prevention mechanism of air pollution transfer.Howrever,the current Chinese legal system of air pollution control based on the concept "territorialism".While environmental externality determines the integrality of regional environmental protection.The characteristics of air pollution decide the poor efficiency of the existing regional prevention mechanism of air pollution.From the perspective of the own characteristic of regulating object,because of air pollutants with a strong liquidity and vulnerable to the effects of climate change,so the control mode is inseparable.From the perspective of public goods characteristic of environment,it is easy to make the using of clean air excess and caused "the tragedy of the Commons." It shows that,we should break the bondage of the concept“territorialism" and improve the regional air pollution prevention legal system in our country.Look around the world,such as Europe and the United States have also experienced a dilemma as we are facing.The fact proved that the success of the achievement of Europe and the United States in regional air pollution prevention,it is related to the sophisticated legal regulation mode.The United States improved the regional environment air quality significantly.In addition,the establishment of the south coast air quality control district and ozone transport committee,suggests that environmental interstate agreements has played an important role in the practice of regional air pollution control.In order to make the member states achieve the cooperation,the European Union maked a lot of regulations,directives and decisions,setted mechanism of coordination,implementation mechanism of regional air quality management and the regional air pollution information notification mechanism.The foreign legal system and advanced experience is worthy us reference and transfer.Throughout the regional practice in the control of air pollution,such as the Beijing-tianjin-hebei region,Yangtze river region,Pearl river region,they has accumulated experience in regional pollution control.But also exposed at the same time,regional prevention mechanism of air pollution has not been legalized.However,there is a mutually conflicting problem between lacking related regulations on regional governance and local preventive legislation in Air Pollution Prevention Law.In practice,local benefit protection stretches out the phenomenon of“race to the bottom”.Governments at various regions form cutthroat competition in the process of "inviting investment”,attract investment by reducing environmental standards deliberately and cause constant deterioration of environment.Meanwhile,parts of polluters establish pollution sources on the boundary zones between provinces,take advantage of wind direction circulation to spread pollution,do harm to a neighbor and avoid from local administrative penalty.In order to break this phenomenon,it is urgent to build effective regional prevention mechanism of air pollution.From the perspective of current practice,regional environmental cooperation in Yangtze River Delta plays a demonstrative significance in domestic,but it is a pity that joint prevention mechanism of air pollution in Yangtze river region isn't deepened and legalization.The paper,based on aiming at the current situation of air regional prevention,analyzes existing problems,looks for breakthrough paths to control,discusses the construction of regional cooperative prevention mechanism for air,analyzes advantages and disadvantages of three patterns of local cooperative legislation,local common legislation and administrative agreement,and elaborates which regional prevention legislation pattern of air pollution is more reasonable under the stipulated procedure of our legislative law and performance and dispute settlement mechanism for regional prevention,etc. |
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