Legal Issues On Prevention And Control Of Road Traffic Pollution In Beijing

Recently, the word “fog and haze” has become a social hot keyword. Road traffic pollutionis the biggest factor of fog and haze in Beijing. From January2013to February2014, negativecontribution rate of road traffic pollution is42%in heavy air pollution condition. For thisproblem, Beijing city has adopted a series of measures such as traffic restriction, license-platelottery and more strict standards. But it appears to have little effect. In addition, according todata, the quality of air in Tianjin and Hebei is also poorer and the sources of pollution are similarto Beijing. For this, the author refers to a lot of data and investigates relevant monitoring andsupervision department of motor vehicle exhaust of Beijing and analyzes existing legislation andthe prevention and control measures. Based on the results of investigation and analysis, it isfound the problems of Beijing in traffic pollution management manifest, including the grade ofdispersed legislation system is not high, total amount control system is not perfect, standardsystem is not unified, monitoring network is not comprehensive, regulatory system is not smooth,joint prevention and control is not in place and economic policy is not obvious, and degree ofpublic participation is low. Road traffic pollution, to a certain extent, is closely related toeconomic development. As a consequence, good governance of road traffic pollution is of greatsignificance to Beijing but also has the reference for the similar pollution control of big citiesand small and medium-sized cities of China. This paper, from the perspective of theory andexperiment, analyzes and refers to advanced legislative and administrative measures of typicalcountries and regions in the management of road traffic pollution and proposes suggestions tolegal governance of road traffic pollution of Beijing on the basis of “seven no and one low”.This thesis is divided into7parts in structure：Part1is the introduction. It is the start of this study, which states the background of Beijingtraffic pollution and its practical significance. Part2is the overview of road traffic pollution,mainly discussing the road traffic status, characteristics and harm of pollution. And it isconcluded that the traffic pollution control is extremely urgent. Part3is the legislation andsupervision about Beijing road traffic pollution in the terms of the legislative basis, main controlmeasures and supervising methods. According to this, shortcomings are analyzed. Part4is thelegislative and regulatory issues of Beijing road traffic pollution, including the existinglegislation and standards on the issue of legislation backward scattered, lack of pertinence andlagging environmental standards; Some issues in the management system of administrationpermission, such as responsibility, management of dislocation and overlap, is not clear; In thelegal system, environmental access and total amount control of pollution are still not perfect. Inaddition, public involvement is limited; In the technical level, monitoring is not comprehensive. And annual examination is unfair; In the legal mechanism, problems of joint prevention andcontrol does not reach the designated position, and economic policy is not obvious; Legalliability is not strict. And it is discussed in details in several aspects mentioned above. Part5isthe experiences in other countries or regions. Starting from the legislative and regulatoryproblems of Beijing, it draws lessons from the United States, Japan and Hong Kong. Part6is thecountermeasures which can perfect the Beijing traffic pollution prevention laws. To improvelegislative system, strict standards should be adopted. Make responsibility clearer in order toimprove the supervision system. Strict access and public involvement should be applied to makeup the legal system. The mechanism for joint prevention and control and economic measurescould be perfected to make up the legal mechanism.establishment a tax on effluent.The conceptof atmosphere continuum penalty system. Part7is the conclusion of this study.