Study On The Prevention Of Air Pollution Of The Local Governance From The Perspective Of Administrative Law

Atmospheric pollution is closely associated with people’s lives, for it poses a considerable threat to their health and safety. As a special kind of environmental resources, particularity is a characteristic feature of the atmospheric environment. There is generally no incentive for market players and individuals to protect the environment actively, due to the fact that they do not have to pay for the consumption of the atmospheric environment. For this reason, the development of an environmentally sustainable society entails governmental intervention. In order to protect public interest and build a service-oriented government, the work of the controlling and combating atmospheric pollution should be organized and coordinated by the government.From the perspective of administrative law and covering various aspects such as local legislation, administrative ideologies, administrative functions and administrative acts, this thesis attempts to study the endeavors undertaken by local authorities in China to control and combat atmospheric pollution, with a view to providing various local Chinese governments with some effective countermeasures against atmospheric pollution.The framework of this thesis is presented as follows:To begin with, by summarizing the history and background of the endeavors undertaken by local Chinese governments and conducting a case study of three local municipalities, Chapter One is intended to point out the role of Chinese local governments in controlling and combating atmospheric pollution at the moment. Then, by describing and summarizing the characteristics of the approaches to the prevention of atmospheric pollution adopted by several states in the United States, Chapter Two serves to provide some factual and theoretical benchmarks against which the Chinese local approaches can be assessed. After that comes the most significant chapter of this thesis-Chapter Three, which compares and analyzes the different approaches to controlling and combating atmospheric pollution adopted by three Chinese municipalities from the aspects of local legislation, administrative ideologies, administrative functions and administrative acts, in order to indicate the problems facing the current regimes. In the final Chapter Four,from four aspects to strengthen the local legislation, change the administrative concept, the transformation of government functions, strengthen the administrative law enforcement etc,many detailed policy recommendations with regard to reasonable countermeasures against atmospheric pollution and the improvement of local regimes are produced on the basis of the discussions in previous chapters.