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Research On Legal System Of Water Pollution Control In China

Posted on:2012-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:D H YanFull Text:PDF
GTID:2166330332997637Subject:Environment and Resources Protection Law
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Researchers focus on the "legal system of water pollution control" these years. It is an urgent task to establish water pollution control legal system. This paper study on the water pollution control systematically. Basing on national conditions, we need find the legal system which is used to our country to deal with the water pollution problem to enhance the progress of economic and society.According to the order of the president decree No.87, the "Water Pollution Prevention Law of the PRC" has passed by the 10th "National People's Congress Standing Committee" of the thirty-second session on February 28,2008. "Water Pollution Prevention Law" has implemented nearly three years. Among these three years, our work of "water pollution control" has made greater progress, but we should not ignore the problem that "water pollution" is more difficult and complex than before. Deterioration of water quality influences drinking water, crop yields, fisheries production and industry development. As a result, ecological environment is deteriorating, resulting in huge economic losses. We should continue to improve "water pollution control legal system". This paper is divided in three parts.The first part focuses on current water pollution control legal system. It includes two aspects. In the one hand, we tell about the main contents of the system. In the other hand, we tell about the shortage of the system. The current "water pollution control legal system" contains some main system including "responsibility system for water pollution control unit", "three simultaneous system", "discharge reporting and registration system", "the sewage charges system", "pollution rights trading system" and "burst water pollution accident forced emergency measures system". These systems play an important role in the work of "water pollution control". There are still some shortcomings existing in "water pollution control legal system" and conflicts between the department regulation and local legislation in China. We have not paid enough attention on the problem of "rural water pollution". China is lack of using legal method to cope with "water pollution". There is still existing problems in "the sewage charges system" and "the water pollution control in the basin". We should establish environment public interest litigation system" and "water charges system" We need seek solutions to deal with these problems.We use the "comparative method" to find the difference between China and the United States in "water pollution control system" in the second part. As the largest developed country in the world, America has established a perfective "water pollution control legal system", from which we can learn. Although there are some differences between China and America in water pollution control legal system, such as target, method and else, we still believe the legal system in water pollution control in America is worth to learn. This article compares the two countries in the following part, which contains legislative intent, management system, regulatory mechanism, control strategy, monitoring measures and protection mechanism.The third part is to analyze the way to improve "water pollution control legal system" in China. We should carry on scientific proof and public participation. We also need to expend administrative responsibility, civil responsibility and criminal responsibility. It is better to improve the emissions trading system and the emission trading market. We also need to establish environment public interest litigation system and water pollution tax system. Through these suggestions, the writer hopes it is helpful for the work of "water pollution control". The writer also looks forward to seeing that this article can cause more thoughts to deal with the water pollution.
Keywords/Search Tags:Water Pollution, Water Pollution Control, Legal System
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