Study On Legislation Of Air Pollution Prevention And Control In China

China is one of the most frequent and serious countries of atmospheric pollution in the world. The successful experience of both at home and abroad shows that carrying out the work of joint prevention and control of air pollution is an inevitable choice. At present, the legislation construction of joint prevention and control of air pollution in our country is still in its infancy and has many problems, so it is difficult to deal with the complex situation of joint prevention and control of air pollution. This paper mainly discusses whether and how to perfect our country’s legislation of joint prevention and control of air pollution by means of specific legislation.The first part of this article describes the research purpose, research methods and research status at home and abroad.As an overview, the second part defines the related concepts.The third part analyzes the present legislation of joint prevention and control of air pollution, and comprehensively summarizes the main legal sources and local legislative practice in our country.Combining the specific provisions on joint prevention and control of air pollution in the latest revision of Atmospheric Pollution Prevention Act, the fourth part of this paper points out the main problems: lacking basic principles, implementation is not strong, local interests is out of balance, and legal responsibility is not clear.The fifth part of this paper mainly introduces the EU’s legislation of joint prevention and control of air pollution. Many western countries and regions, which are represented by the European Union, their research and practical experience for joint prevention and control of atmospheric pollution is more mature. They established a relatively perfect legislation of joint prevention and control of air pollution, which has achieved good control effect. Some experience is worth our using for reference.On the fully discuss of legislative requirements and legislative basis, the sixth part suggests that China should introduce a special law of joint prevention and control of air pollution as soon as possible. The special legislative work should be under the guidance of the atmospheric environment protection priority, in order to ensure clean air’s ecological benefit, social benefit and economic benefit into full play. Special law of joint prevention and control of air pollution should adhere to three basic principles: the principle of coordination of economic development and environmental protection, the principle of combination of regional cooperation and apanage management, and the principle of unity of total amount control and quality improvement. Special law should focus on basic research problem, guiding ideology problem, basic principle problem, model selection problem, etc. Specific to the legislative model, there should be more special legislations and local legislations, less unified legislations and central legislations. State Council may enact a special regulation of joint prevention and control of air pollution firstly. Under the guidance of the special regulation, the local carries out the work of local legislation.