Research On Regional Collaborative Legislation Of Air Pollution Prevention And Control In China

Regional cooperative legislation is the product of the national strategy of regional coordinated development.It is the general term of the legislative activity that the local legislatures of cross-administrative regions jointly formulate local laws and regulations or local government regulations on public affairs within their own regions.Since regional cooperative legislation put forward different areas take the lead in practice to explore in the field of prevention and control of atmospheric pollution,practice has proved that regional cooperative legislation for the control of air pollution is the powerful means to solve the problem of regional and complex air pollution,also is the primary part to promote the development of regional rule of law,but also promote regional sustainable development.Analyzing from the theoretical level,regional cooperative legislation of air pollution control has a profound theoretical basis.First,follow the legislation cost-benefit theory.Compared with simple local legislation,regional collaborative legislation has obvious advantages in integrating legislative resources and enhancing legislative effectiveness,thus prompting local legislative subjects to explore and promote regional collaborative legislation within the region.Secondly,it fits the game theory.It is a rational choice for the local legislative body whether to jointly prevent and control air pollution and whether to carry out coordinated legislation on air pollution prevention and control within the regional scope.Finally,it conforms to the collaborative governance theory.Air pollution is not blocked by administrative boundaries,but presents regional characteristics,and regional cooperation in air pollution control can achieve the overall optimal.The necessity and theoretical basis of regional coordination legislation on air pollution prevention and control are sufficient.Different regions have explored successful practices in practice and accumulated useful experience.First of all,relevant legislation at the national and local levels provides legal support for regional air pollution control.At the same time,although there are policy documents supporting regional collaborative legislation at the national level,China’s constitution and laws do not directly and explicitly stipulate regional collaborative legislation,and only local legislation has relevant provisions on regional collaborative legislation.Secondly,the Beijing-Tianjin-Hebei region,the Yangtze River Delta region and other regions have carried out independent exploration and practice of regional collaborative legislation on air pollution prevention and control,and accumulated three experiences of promoting regional collaborative legislation by discussing and formulating collaborative legislation documents,organizing and holding collaborative legislation work meetings,and studying and determining collaborative legislation projects.Finally,prevention and control of atmospheric pollution embodied in four aspects,respectively expanding regional cooperative legislation,and regional cooperative legislation way toward diversification,regional synergy legislative organizations stabilization,regional cooperative legislation increase in the number of laws and regulations,this shows that the regional cooperative legislation for the control of air pollution in our country has some progress.Although China’s regional collaborative legislation on air pollution control has already broken the problem and achieved remarkable results,we should also see the existing problems in regional collaborative legislation on air pollution control.First,the overall progress of regional collaborative legislation on air pollution prevention and control is slow.The speed of collaborative legislation varies from region to region.The number of collaborative legislation projects is limited,the collaborative force of legislation is not fully exerted,and the content of legislation is not unified.Secondly,the mechanism of regional collaborative legislation on air pollution prevention and control is not perfect,the legislative preparation work needs to be detailed,the legislative conflict resolution is not fully carried out,and the evaluation of collaborative legislation effect is not systematic.Finally,regional coordination of legislation on air pollution prevention and control is ineffective,the mechanism of interest coordination is not perfect,the organization of legislative coordination is not strong,and the central coordination function is not well played.To improve regional collaborative legislation on air pollution prevention and control,we must solve the above problems which seriously affect and restrict the practice of regional collaborative legislation on air pollution prevention and control.The specific suggestions put forward in this paper are as follows: First,actively explore regional collaborative legislation,determine collaborative legislation projects,enhance the legislative collaborative ability of local legislative bodies,promote the coordination of legislative content of regional air pollution control to accelerate the promotion of regional collaborative legislation of air pollution control;Second,detailed legislative preparations,pay attention to the resolution of legislative conflicts,and comprehensively evaluate the effect of collaborative legislation to optimize the regional collaborative legislation mechanism for air pollution prevention and control;Third,improve the interest coordination mechanism,strengthen the coordination and organization of legislation,and strengthen the coordination and guidance function of the central government to strengthen the regional coordination and legislation of air pollution prevention and control.