A Study Of Legal Issues On Control Of Motor Vehicle Exhaust Pollution

With the rapid economic development, the number of motor vehicle is increasing,more and more motor vehicle have appeared in our life, especially the large-scalepopularization of cars in recent years, which brings unprecedented convenience in ourlife, but the tail gas pollution problem is also increasingly fierce. Chinese city isshowing a composite pollution by the type of soot and exhaust gas of vehicle type,causing great pollution to the atmospheric environment; vehicle emission producedcarbon monoxide, hydrocarbons, sulfur dioxide, nitrogen oxide and formaldehyde, andthese compounds always caused human body damage. Research shows that, vehicleexhaust is one of the main sources of PM2.5, since the fall and winter of2011, a stronghaze phenomenon appears in the northern area of China pertains to motor vehicleexhaust pollution. Therefore, in the face of increasingly serious air pollution caused byvehicle exhaust, more and more scholars began to study the exploration of the vehicleexhaust pollution control.Compared with some overseas developed countries, legal countermeasuresaccording to the prevention and control of the vehicle exhaust pollution in our country isstill not mature, and in vehicle exhaust control more research are biased in favor ofengineering environmental technology and engineering, as well as vehicle designtechnical reformation, but the study of legal aspects are less. Chinese scholars forvehicle exhaust control measures mostly focus on motor vehicle exhaust emissionsource to improve the quality of fuel and tax regulation. While for motor vehicleexhaust pollution prevention legal responsibility, the supervision system of government,city management and planning to build roads and public media report channel is notinvolved. Although the article mentioned the need to improve the environmentlegislation and standard system, they have not made enough effort, and did not putforward specific measures. It is still on the way for establishing inter-regional motorvehicle exhaust pollution prevention legislation and law enforcement. Foreign legalcountermeasures for motor vehicle exhaust pollution prevention are more, but moreemphasis on the aspect of legislation. While author does research on the construction ofthe legal aspects of motor vehicle exhaust pollution prevention and control of ourcountry. Through the analysis of vehicle exhaust pollution prevention and control law and policy content, and by learning from the legal system of foreign excellent vehicleexhaust pollution prevention and control, the legal research put forward the preventionand control of China’s motor vehicle exhaust pollution from the four angles,participation in legislation, government supervision the main body of responsibility, andthe public.Problems of motor vehicle exhaust pollution control in our country are as follow:more legislation principle, lack of cross-regional legislation, government regulation, thepenalties partial is light, urban traffic construction is slow, the administrative main bodylegal responsibility is not clear, the supervision from the public channel is not widelyopen. To prevent and control motor vehicle exhaust pollution, therefore, we shouldpractice from the national conditions of our country, draw lessons from foreignexcellent legislation system and management system. we also need to perfect oursystem of pollution prevention law, make government supervision strict, clear outresponsibility to form a complete control system through public participation. Thespecific point of view is as follow: revising the law on the prevention and control ofatmospheric pollution, a special administrative laws and regulations, formulatingunified legislation to different regions, establishing perfect regulation system, such asperfecting the motor vehicle tax system, strengthening urban road planning andmanagement, constructing priority development of public transport, defining the legalliability of motor vehicle exhaust pollution control, establishing a public mediareporting channels, vigorously promote environmental protection knowledge, enhancingthe public’s environmental awareness. We are only with the help of legal means tocontrol motor vehicle exhaust pollution, so as to realize the safety and clean ofatmospheric environment in our country.