The Legal Regulation Of Regional Pollution Transfer

The generation of the environmental issues is accompanied by social and economic development, and so is the pollution transfer. Geographical location, natural resources, population, history and various factors lead to imbalanced economic development, which makes some areas to give priority to development. According to the different economic levels, it classifies as economically developed regions and underdeveloped areas. In China, eastern areas prior to western areas and city prior to rural areas give priority to the development. In the developed areas, with the economic level rising, demand of the people on the environment has continued to improve. Also the environmental awareness of residents strengthens, and the level of the environmental protection and law enforcement rise. Because of the increase of the environmental cost of economic activity, economic entities have to re looking for places with lower environmental costs driven by interests. In the undeveloped areas, by contrast, that is in a lower level of economic conditions, the environment gives way to survive, so the environment become victims of economic activities. Under the condition of supply and demand, environmental pollution transfer came into being.Many scholars conducted the study of environmental pollution transfer in last century. Based on the complexity of environmental pollution transfer problem itself, the angle of the scholars'study and different level of awareness, the scholars to understand the meaning of environmental pollution Transfer is "benevolent see benevolence and the wise see wisdom". In this article, I have the view that environmental pollution transfer refers a behavior, though which one environment main body intends to infringe upon other environmental body environmental rights, exerts environmental obligations without justification and shifts the environmental responsibility to the other party, which originally belongs to themselves. "Regional" is not a specific region in the world, and is not local administrative division in specific area, but is economically developed areas and economically backward areas in the country under the Standard Division on economic development level. Regional Environmental Pollution transfer has certain elements:there should be two or more than two main bodies, and "the principal can be a concrete or abstract "; the subjective aspect needs that the body of the transfer is a malicious; Objective requirements of pollution transfer itself can be manipulated, not to pollution damages for conditions. Everything happens for a certain reason, so as the regional pollution transfer. The different level of economic development between regions is the economic reasons for the environmental pollution transfer. Because of different economic levels, the superstructure-the law, which establishes on the economic base, will also appear very different. And this is legal reasons of the regional environmental Pollution Transfer.Traditional lack of awareness of environmental protection and the development thinking of taking economic construction as the center are the social causes of regional environmental pollution transfer.Regional Environmental Pollution transfer has very bad negative impacts on ecological environment and the society. In addition, the transfer of regional environmental pollution is Incompatible with the environment right theory, the theory of sustainable development and Environmental Equity theory. So on the legal regulation of regional environmental pollution transfer is very necessary, and it is very urgent. Under the consider two aspects of system construction and the operation of laws and regulations, this article gives some advices, which may be useful to perfect the system of regional environmental pollution control.