The View To The Legislation Of Smoke Control In China

Since the reform and opening up,the economic development has continuously changed people's lives,accidental smoke pollution has become a part of life.The Government has promised to manage the smoke pollution,the relevant legislation has also been developed or modified,but the smoke pollution intensified.Why the legislation has not produced a regular effect? It involves political,economic,cultural,social aspects,is a comprehensive management process.This topic mainly explores the legislative problems,the article is divided into five chapters.The first chapter mainly introduces the general situation of the legislation of smoke management in China,which involves the legislative object,the scope of governance,the governance mode and so on,and paves the way for the elaboration of the problem.In the second chapter,we mainly elaborate the existing problems and put forward the corresponding countermeasures.The subject is viewed from the main body of legislation,legislative purpose,legislative procedure and legislative content.The legislation of the legislature has brought about the problem of repeated legislation.Repeated legislation is very common in the practice of smoke governance.The main body of legislation is the fuse of repeated legislation.The fundamental reason lies in the deviation of the knowledge structure of local legislators Limitations,the scope of local legislative authority is not clear and the lack of legislative accountability mechanism.In this regard,from the sound legislative review mechanism,the establishment of the smoke governance legislation investigation and research committee,standardize the legislative power distribution model and mode of operation and other aspects,to break the legislative body to bring the duplication of the problem of repeated legislation.The current environmental benefits to give up the question of economic interests,China's smoke governance laws have always adhered to the "dualism" concept.This idea determines that environmental protection is difficult to achieve radical governance.Moreover,the concept of the rapid development of GDP is still deep-rooted,one is the internal requirements of economic development under the government's performance,the second is the interests of the market economy under the game,the third is the social level of industrial structure adjustment is more difficult,There are different degrees of governance errors.Environmental interests are still not taken seriously,this is the root cause of legislation can not be guaranteed.In this regard,only the development of the economy or only to protect the environment is one-sided,not realistic,the legislation should be able to balance the interests of both sides,can really achieve "dualism."The lack of public participation in the legislative process,and the interaction between the legislator and the public is not mature enough.On the one hand,some of the officials are easy to respond politically under the pressure of political stability and stability,but also on the other hand,because of the poor communication of public opinion pressure field,Make a simple commitment.Therefore,we should strengthen public participation measures,one is to improve the information disclosure mechanism and disclosure mechanism,the second is to require legislators clear starting point,according to the actual situation,refused to legislate for legislation.