On The Local Protectionism And Legal Stipulation In Environment Pollution Prevention

The goal of environment pollution prevention should be in line with the profitable one of the local government. However, in many places local protectionism is affecting environment pollution prevention, which has become a very important reason leading to environment pollution. In current, The affection could be expressed mainly as the following, passively or even not implement the legal stipulations or administrative orders on environment protection; to intervene execution justice of environment protection laws; to broaden ratification terms and lower "threshold" for market access standard of polluting industry. It also includes the local protectionism in the field of execution and administration of laws among local governments. Although that promoted the local profit in the short-term, but it aggravates the problem of environment pollution, affects allocation efficiency for natural sources very seriously, and does harm on the image of the local government. So the local protectionism has become an obstruction toward the development of our environmental protection course.In the aspect of environment pollution prevention, the reason for formation of local protectionism is various. Looked from the economic interest angle, it mainly located in that the local government has gotten a comparative dependent position on economic benefit distribution, which makes an incompletely similar evaluation standard and goal in economic interest for its own and itself to compete with other local governments under the system of tax division between central and local governments; being guided unreasonably by "economic development priority", local protectionism has become a reasonable choice for the local government and its administrator on both economic and political interest; And under the current law system of our country, the reality that hollow position of national property right and the exterior marginal cost for breaking environmental laws is too low in China is still exist. It has driven the formation and the spreading of the local protectionism in the certain degree; Looked from the legal angle, the law system of environmental protection actually has the flaw of the exterior nature of legislation and the surveillance system is imperfect and so on, enabled the regional protectionism developed; Looked from the political benefit angle, considering the GDP target as the essential factor of the official examining system rationally, the local authority officials adopt the way of regional protectionism to pursue the maximized economic interest, achieved the goal of its personal gain and the official collective interests.In view of the fact that the local protectionism already had the suitable negative influence to environment pollution prevention of our country, so the synthetic legal rules and regulations method should be adopted, based on the formation reason of it; First, The surveillance system of environmental protection law in our country should be perfected, and the authority division between the environmental protection department and other department should be clear, the environment management by supervision authority should be unified, the system of "the area limiting approves" should be implemented, and rules and regulations should be strengthened, to solve the exterior problem of environment legislation ;At the same time, the ways of vertical management should be implemented, to control the local authority, so the local protectionism can be reduced; Next, environment illegal liability should be strengthened, environment illegal responsibility system should be perfected, and the compensation system of environment pollution of local government should be set up, to raise the cost and risk of the local protectionism; Once more, legal stipulation of the property right of state-owned natural resource should be perfected, and the legal position of the local government as a represent of the national property right toward natural sources should be definite, the legal position of the central committee and local government should be divided, and the local authority supervising and managing responsibility should be clear, to control the local protectionism by themselves; In addition, the legal mechanism of the official examining system with the essence of "the harmonious society" should be constructed, to solve the formation causes of the local protectionism from the political benefit of the local authority official.