Legal Countermeasures For The Control Of Air Pollution

In the30years since reform and opening up, along with China’s rapid economic development is awide range of environmental pollution and ecological destruction regional clear, since2013, the word hazebecame a dual focus in the private and official, because this time, most areas of China over a long period oftime, heavy pollution in the fog, fog area is almost150square kilometers,.Before I start to collect data for my graduation thesis, it is my hometown is also influenced by misthaze hangs over time, as a law student, in the face of such a serious air pollution, I would like to make theirown efforts to improve the atmospheric environment in China.The law on the prevention and control of atmospheric pollution revision since2000has been in thepast12years, from the perspective of the signs of the existing pollution, there are many defects and theinsufficiency, the law is mainly manifested in the following two aspects: on the one hand is the concept oflaw and the principle of the method is relatively backward, not reflect in law in recent years, newknowledge and new theories in the field of environment and so on, and many important legal system havebeen out of date. Fixed pollution prevention and control of the legal system, for example,"law on theprevention and control of atmospheric pollution regulation of atmospheric pollutants total amount controlsystem and discharge permit system, in both scope and strength of the specification, are not suitable foractual legislation needs.On the other hand is of the prevention and control of atmospheric pollution legislation there are a lotof blank. In the existing legal system in China lacks clear and effective for prevention and control ofatmospheric pollution, according to the laws in China, such as fixed flow prevention and control ofatmospheric pollution environmental rights trading system, regional legal system of the prevention andcontrol of atmospheric pollution and so on, there is no can make the system rules. As a result, the law onthe prevention and control of atmospheric pollution has far cannot satisfy the need of the currentatmospheric environmental protection in China, the legislation on innovation is imperative. The innovationprocess, both in concept and method of the principle of advancing with The Times, the development ofconcrete system and perfect. In realized on the basis of these problems, I from the following four parts to prepare my graduationthesis. The first part mainly introduces the research background, and the domestic and foreign researchstatus quo of the legal system for prevention and control of atmospheric pollution, determine the researchpurpose and meaning, the overall introduce the main content of this article, and the research methods.The second part is the basic theory of legal system for the prevention and control of atmosphericpollution. Want to understand the legal system for the prevention and control of atmospheric pollution, weshould first understand the related basic theory, a basic theory as the bedding, can a better understanding ofthe legal system, and to do more in-depth research. This part firstly introduces the concept of legal systemfor the prevention and control of atmospheric pollution and characteristics, make the reader understand theresearch object of this article; Secondly, introduces the theoretical foundation of the legal system for theprevention and control of atmospheric pollution, established on the basis of the legal system more scientificand rigor; Finally introduces the source of atmospheric pollution, including what is air pollution, what arethe major air pollutants, as well as the problems arising from the source and the prevention and control ofpollutants.The third part mainly introduces the foreign system of law of prevention and control of atmosphericpollution and the legal system for the prevention and control of atmospheric pollution in China is worthy ofreference. This section as the main content of this article, first of all, the current atmospheric pollutionprevention and control of the United States and the European Union legal system plays a main role in thesystem to do the basic introduction and analysis; Later, in the process of analysis with the present situationof the legal system for the prevention and control of atmospheric pollution in our country made a contrast,appropriate pointed out that at present our country’s current legal system of atmospheric pollution in thelack of specific application; Finally, the legal system for the prevention and control of atmosphericpollution in our country compared with foreign legal system, obtained four enlightenment about preventionand control of atmospheric pollution in our country.The fourth part puts forward the Suggestions of perfecting our country’s legal system for theprevention and control of atmospheric pollution. This part is the core part of this article, first of all, basedon the legislative situation in our country, put forward to perfect the legal system of our country legalsystem for the prevention and control of atmospheric pollution’s advice, and later, is to include atmospheric pollutant total amount control system, air discharge permit system, emissions trading system, and newsources of pollution in the city of the regulation system and so on four system of legal system for theprevention and control of atmospheric pollution, in the third part of the legal system on the basis ofcomparative analysis put forward the corresponding perfecting suggestion. For example on themanagement means: to perfect relevant legislation, increase penalties, and draw lessons from advancedexperience, aided by economic means, system to perfect our legal system for the control of air pollution;On the management goal: through intensify of stationary sources of governance, the legal regulating of theincrease of mobile pollution sources, improve the standards of new pollution source in the city; On theprevention and control of security, this article put forward the air pollution forecast system and through therapid development of information technology improve the system of public supervision, for the spread ofurban planning for urban layout of the endogenous pollution, improve the system of new pollutionsurveillance and so on. To hope to be able to improve atmospheric environmental quality in our country tomake a small contribution.I believe that we as long as good at learning and using, at the same time, make their own legal systemto explore "mountain, can offend jade", the overseas advanced experience into legal system suited to thecondition of system, will be for our country’s environmental protection work atmosphere to provideinstitutional guarantee. Although atmospheric pollution prevention and control work, also need toovercome a lot of practical problems and the system, but even so, legal means is still the most worthy ofour trust is also the most efficient method of prevention and cure, in order to make the legal system play arole of more powerful guarantee to us as soon as possible, to make every one of us living environment isimproved. Therefore, in the later days, I will spare no effort to continue to work hard.