Research On Regional Haze Pollution Zone Control Legal Mechanisms

In recent years, a wide range of haze swept across China and the air pollutionindexes of the central and eastern regions remain dismal. Air pollution is quite serious.The traditional air pollution governance mechanism which based on administrativedivisions has become helpless when we face the complex atmospheric pollution acrossthe administrative regions. It seriously affected the overall regional pollution controleffect. So it is necessary to control the pollution of haze through the overall linkage. Weshould actively break administrative division limit and control haze by regionalconsultation and cooperation.Serious haze has happened for many times in the process of industrialization inwestern countries. They gradually figure out a set of effective methods and systemthrough the collaborative governance of haze. It is worth our using for reference. Butcompared with the developed countries, regional haze pollution zone control legalmechanisms are not sound at present. This circumstance has brought a lot of obstaclesto the prevention and control work of haze. By this, we should be based on the currentair pollution status in our country and combine with foreign advanced experience of airpollution treatment to promote the process of regional haze pollution zone control legalmechanisms’ construction effectively.The paper uses the method of empirical study and comparative analysis. Based ona large number of investigation and study about all kinds of legal measures andimplementation effect of haze pollution zone control at home and abroad, I obtained thereal data. On the basis of summarizing the successful experience of United States,Germany, Britain’s haze pollution zone control, the effective countermeasures for theprevention and control of haze of our country have been further concluded. It providesthe reality basis for the author to investigate regional haze pollution zone control legalmechanisms.The paper is divided into four parts except the foreword and conclusion. The firstpart elaborated the the main characteristics of haze pollution in our country at present,and made a concrete analysis of the necessity and feasibility of establishing regionalhaze pollution zone control legal mechanisms. In the second part, based on the presentsituation, it further points out some problems that existing in the process of the zone control legal mechanisms’ construction. Such as the lack of effective regional air qualitymonitoring, early warning and emergency mechanism, the lack of effective long-termcontrol of pollution sources linkage mechanism, the lack of effective accountabilitymechanism for government environmental protection responsibility, the lack of effectivejoint law enforcement mechanism for control haze. The third part of the papersummarizes several aspects that worth learning through discussing regional hazepollution zone control experience of the United States, Germany and Britain. In thefourth part, some suggestions about the regional haze pollution zone controlmechanisms’ construction are put forward on the basis of in combination with the realityof our country. Hope that through these ways to solve the problem of haze: to establisheffective regional air quality monitoring, early warning and emergency mechanism,effective long-term control of pollution sources linkage mechanism, effectiveaccountability mechanism for government environmental protection responsibility andeffective joint law enforcement mechanism for control of haze.The innovation of this paper is that in order to effectively solve the problem ofinsufficient punishment for all kinds of environmental violations in the process ofenvironmental law enforcement, I suggest establish a special system of jointpunishment. Through establishing a institution of joint punishment, so as to link theadministrative power of the environmental protection departments and the judicialpower of the judicial departments. Then it can effectively overcome the shortcomingthat environmental protection departments couldn’t punish environmental crime becauseof the power limit.