The Legal System For The Prevention And Control Of Atmospheric Pollution In China

In recent years, with the rapid growth through the haze let every one of us to "talkabout haze discoloration"."The elimination of fog, see the blue sky" has become anurgent task to improve the people’s livelihood. In the2015meeting of the local NPC andCPPCC, haze hade become a hot topic have proposed a bill proposed, and suggestionsfor promoting the local government of atmospheric pollution prevention and controlwork advice. In fact, China in recent years, increasing of atmospheric pollution controlefforts, the relevant atmospheric governance policy frequent, but from the air pollutionin our country is facing the whole, the situation is still grim. The reason is that: the needto present the prevention of air pollution of supporting policies lag behind China’scurrent environmental protection of atmosphere, out of touch with reality. Mainlydisplays in three aspects: First of all is the actual needs and environmental legislationand the concept of environmental legislation is far cannot fully reflect the recent yearspeople in environmental law, environmental economics and other areas of the newknowledge and new theory. For example,"who pollution, who management" to "whopollution, who pays, the third party governance", the heavy end treatment, light sourceprevention. Second is the legal provisions related air pollution prevention and control ofgovernment, enterprise, citizen environmental responsibility is not clearly defined, threemutual legal relationship exists in the implementation of a vast grey area. Illegallow-cost, law-abiding high cost problem has not been solved effectively. The thirdaspect is with the civil environmental consciousness awakening, the maintenance of itsown citizens environmental rights and environmental justice are growing louder, theatmosphere environment condition of our country has been unable to meet the people’sdesire to free breath. In addition, the principle provision of our existing air pollutionprevention and control system, punishment, legal deterrent effect. Therefore, theprevention and control of atmospheric pollution, improve the supporting laws andregulations, rules and judicial system is imperative.Solve the problem of air pollution, we must take into consideration, methods andmeasures of comprehensive governance. Be the first to bear the brunt is to perfect thelegal system of prevention and control of atmospheric pollution. Therefore, in this paper,a preliminary study on our country’s present atmospheric pollution prevention lawsystem in our country, looking for the prevention and control of atmospheric pollutionin the legal system are not sound enough, to be the perfect system in question. Investigation of some developed countries attach importance to use legal means to solveair pollution prevention and control experience. In the aspect of legislation, they areusually enacted and operable laws and regulations specific. In terms of implementation,specific rules on the protection of the atmosphere made clear, and focus on the use ofeconomic means to the prevention and control of atmospheric pollution, these beneficialpractice has a certain reference for the prevention and control of atmospheric pollutionin china. Around the same time,"the government has overall responsibility forenvironmental quality" requirements, the implementation of in advance, behaviorcontrol and afterwards the environmental legal liability of judicial relief, improve theregulation of air pollution law main body benefit mechanism, and promote the work forprevention and control of atmospheric pollution of fairness and justice.In this paper, through the analysis of the weak links in the legal system ofprevention and control of atmospheric pollution in China, on the basis of this, theprevention and control of atmospheric pollution by combining foreign experience, thelegal system of atmospheric pollution compared at home and abroad to deal with, putforward the corresponding improvement suggestions. Want to strengthen the awarenessof laws and regulations for prevention and control of atmospheric pollution on publichelp, also hope that the effective implementation of these laws and regulations in theconcrete system, realize the purpose of prevention and control of atmospheric pollution.That is, through the improvement of atmospheric pollution prevention and controllegislation, the establishment of key regional joint control, heavy pollution weathermonitoring and early warning and emergency response system; improve the totalemission control of pollutants and sewage permit system; perfect the local governmentsat various levels, the competent departments of environmental protection of theatmospheric environment target responsibility system and the evaluation system; theestablishment of law enforcement personnel accountability system; strengthenenterprise control the main responsibility, increase the intensity of illegal enterprises andrelated responsible persons punished; clear the citizen’s environmental obligations,broaden public environmental information right to know, to improve publicparticipation in the program. Sound environmental legal system, judicial andadministrative enforcement of law do effective interface, display the authority of law, sothat the people in the judicial case really feel their own environmental rights andinterests of justice. Through the improvement of a series of air pollution controlregulations and policy measures, in order to improve the current situation of atmospheric pollution, to create a good living environment for the people, promoteresource-saving, environment-friendly country construction, efforts to achieve China’seconomic, social and environmental sustainable development.