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Research On Legal Of The Regional Joint Prevention And Control Atmospheric Pollution In China

Posted on:2017-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuoFull Text:PDF
GTID:2321330485498118Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Along with the development of urbanization and industrialization, the air pollution in our country shows its regional characteristics. Since air pollution can be spread and disseminated by air among different regions, it has been a problem of different administrative regions. In this case, environmental self-management model generated by the traditional division of administrations has been unable to solve this problem in China. In the Pearl River delta and the Beijing-Tianjin-Hebei region, the local government has taken a cooperative way to control air pollution, and achieved some results. Their success shows that the reform of atmospheric pollution control mode, establish joint prevention and control of atmospheric pollution area which accords with the situation of our country basic mechanism is one of the most effective way to control air pollution in our country. Firstly, the flowing air makes the different regions can be both the pollution-maker area and the injured area, that overlapping identity is exactly the basis of cooperation; Secondly, it is necessary to implement regional mechanism for air prevention to achieve balanced environmental benefits among different regions and fair; Finally, the joint-areas air pollution controlling is able to share environmental monitoring data and pollution controlling technology with each other, which will reduce the overall costs and accelerate the pace of regional air pollution control in China.At present, Regional air pollution prevention and controlling regulations of concern areas have been found in “Environmental Protection Act” and “Air Pollution Prevention Act”, the two basic laws of China. At the same time, Documents issued by the joint departments of State Council and joint local governments also have the regulations, but the specific legal system of regional air pollution prevention and controlling is not perfect. Although, “Air pollution prevention act” as a special act of air pollution control, has air quality monitoring and evaluation system, the quantity of main air pollutant emissions control system, the main air pollution control system, public participation and information disclosure system, compared with mature foreign air pollution control system, the construction of regional air pollution control mechanism is too young, and the relevant legal system is also incomprehensive. Therefore, this article attempts to summarize the present status of the regional joint prevention and control mechanism of air pollution and its existing problems, and based on the analysis of its causes, putting forward countermeasures and Suggestions of perfecting our country's joint prevention and control of atmospheric pollution area, at the same time put forward to promote joint prevention and control of atmospheric pollution area in our country legal system construction should follow the basic requirements and basic principles. At the end of the article, based on a comparative study and regional joint prevention and control mechanism of air pollution in foreign related legal system, the author try to find a solution to our country regional joint prevention and control of atmospheric pollution problems existing in the process of breach, respectively from the aspects of legislation and enforcement of the improvement of the corresponding measures are put forward. Mainly includes strengthening the government responsibility, to set up the regional joint action system, atmospheric pollution compensation system and air quality monitoring system and evaluation system, set up permanent law enforcement organization, improving current joint prevention and control of atmospheric pollution zoning system and so on.
Keywords/Search Tags:Air Pollution, Regional Joint Prevention and Control, Joint Prevention and Control Committee, Government Responsibility, Market Incentives
PDF Full Text Request
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