The Study On Pollutant Discharge Permit Legal System Of Our Country

At present,the reform of Pollutant Discharge Permit System is carrying on,which is establishing the legal system of pollution discharge permits to become the core system of environmental management of fixed pollution sources.Chinese government has adopted a number of measures to ensure the reform and implementation of the system in order to cope with the problems in the implementation of Pollutant Discharge Permit System.Recently,the State Council issued the "Implementation Scheme for Controlling Pollutant Discharge Permit System" and the Ministry of environmental protection issued the "Interim Provisions on the management of emission permits" to improve the control pollutant discharge permit system,and to prepare for the implementation of emission permits management of enterprises and institutions.The article illuminate the current situation and defects of Pollutant Discharge Permit System in China by analyzing its concept and nature.This article covers four chapters.The first chapter:the concept,nature and classification of pollution permit.Pollutant Discharge Permit System,as an administrative license in the sense of law,which is included in the scope of administrative license,and is the application of administrative license in the field of ecological environment protection.Pollutant Discharge Permit System can be divided into three levels:legislation,implementation and carrier.And in study,this system usually is divided into two categories,the first category is the ordinary sewage permits,the second category is the implementation of the total discharge control of special permits.The second chapter:the current situation and defects of legal system in China.At present,Environmental Protection Law of the People's Republic of China(Revised in 2014)and Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution has made rules on the discharge permit,and the recent implementation plan and interim Provisions also provide for the issuance and management of pollution permits,in order to provide the basis for the formulation of relevant laws and regulations.Regional pilot of Pollutant Discharge Permit System reform around China has advanced actively.Although there are many problems in this reform,it also brings some successful experience.Although China has made great efforts to promote the emission permit system,but there has been many defects.For example,the system is the lack of national level laws and regulations support,and the system is lack of connection with other environmental management legal system,and the content of the license in this system is lack of operability,and the system's supervise is lack of clear legal standards,and there's lack of information disclosure and public participation,etc.The third chapter:the experience drawing lessons from foreign legal system of emission permits.The paper takes the United States and Sweden as cases,largely because it's considered that the US license system is the most perfect in the world,and Sweden is the first country in the world to implement this system,and the experience of the two countries has a great significance for the improvement of Chinese legal system of emission permits.The fourth chapter:suggestion about improving the legal system of Chinese emission permits.Improvement of this system is mainly implemented through legislation and law enforcement,and make Discharge Permit Management Regulations to solve the problem about the lack of special legislation on national level and refine the relevant content.The government must take measures to further integration of the current environmental management legal system,and construct and practice mechanism on government,enterprise and public level,and implement integrated management by one-card management mode.It's necessary to ensure the smooth implementation of the legal system of pollution permits.