On Legal Regulation Concerning The Limits Of An Area

In the first month of 2007, The State Environmental Protection Administration launched regional permit restrictions. It is said that the regional limits approval can play a very important role in preventing "two high" industries sprawl and solving problems of pollution control which was left for years. Regional permit restrictions embodies the principle that "to protect the environment, optimizing economic growth", which reform the traditional mode of development and decision-making, promote economic and social sustainable development, strength environmental management, complete the emission reduction task, maintain ecological balance effectively, and make an innovation of environmental law enforcement in the new historical conditions. Regional permit restrictions emphasis on individual illegal led to group illegal punishment. It has many characteristics, which involves joint and several, level, temporary, direct mandatory, urgency, and high administrative. Naturally, regional permit restrictions can be a kind of environmental administrative enforcements, specifically a measure of environmental administrations, but not administrative license or administrative penalties. Regional permit restrictions achieve a higher level of fairness at the regional level. In current, the issue highlights the legality and legitimacy on the legality and legitimacy of the practice problems practically. For this series of questions, we should first base on the principle of legal reservation, start from the legalization of regional limits approved, and recommend the suggestions of the legal construction and the legal form of regional permit restrictions. Secondly, we should make strict legal regulations with the applicable conditions, subject, object, process, relief of regional permit restrictions. Above all, relate the supporting measures in order to enable better implementation ofthe regional limits approved and get the desired results.This paper can be divided into the following four parts:The first part is an overview on the regional limits approved, including the background of regional permit restrictions, area restrictions approved the concept, characteristics and legal nature of the regional limits approved legal punishment, legitimacy, and balance analysis.The second part is based on the value of the consideration of regional limits approved and the balance of interests, including regional considerations limit the value of which grant is to achieve environmental equity and environmental justice, rule of law in the specific operating system environment path and soften the breakthrough to communicate national interests, and both including equity interests and local interests, which aims to coordinate economic interests and environmental interests, local government interests and corporate interests, in order to keep the balance between the interests of the region.The third part is about the status of regional limits approved assessment, specifically including the regional situation and the implementation of approved limit the effect after the implementation of the regional policy basis for limited grant of legislative history, the regional implementation of the approved limit of the main problems.The fourth part is on improving the regional limits approved the basic concept of legal regulation, including the improvement of relevant legislation approved regional restrictions, clearly limit the statutory grant conditions and restrictions applicable to the decision of the main award, the object of defining limits approved the procedures and norms, limited grant of legal assistance provision and improvement of regional limits approved in the relevant supporting measures.