Research On Implementation Guarantee Mechanism Of Pollutant Discharge Permit System In China

As a basic environmental management system,the pollutant discharge permit system plays an important role in pollutant control and environmental control.In the process of accelerating the establishment of a legal system for ecological civilization,the permit system for discharge of pollutants has long been labeled as "higher glare." As the core system of fixed-point source pollution control,it not only can reverse the management mode of the “multiple controls” situation of previously fixed pollution source environment management,but also can avoid duplication of enterprise application and administrative approval procedures,improve administrative efficiency,and balance conflicts of interest,complete the supervision of the entire life cycle of emission units from the issuance to cancellation,improve the quality of the environment.However,in the deepening of the reform phase of the emissions permit system,carrying many problems in the distribution of benefits,there is still a narrow range of licenses,the subject of the license is not perfect,the lack of supervision of the license,the public participation in the licensing process And many other issues.In addition,in the new round of the State Council's institutional reform plan in China,the Ministry of Environmental Protection was abolished and the People's Republic of China's Ministry of Ecology and Environment was formed.The next step is how to scientifically and reasonably set up an environmental management system in order to effectively exert the regulatory effect of the Ministry of Ecology and Environment on the implementation of the emission permit system.? To make this series of issues satisfactorily resolved,it is inevitable that we need to turn to the logic of the law,continue to improve the existing legal system for the management of pollutant discharge licenses,and improve the system implementation guarantee mechanism,and ultimately realize the system value and function.Based on the theory of externality and public trust,this paper analyzes the basic value of emission permit system.Then taking the "Wuwei Rong Hua pollution discharge case" as the starting point to explore the difficulties of the implementation of the emission permit system in China,the author points out that there is still a narrow scope of permit setting in the implementation process of the permit system in our country,and the main responsibility of the permit is not perfect.The supervision of permits is not in place,and the lack of public participation in the licensing procedures,and from the legislation to legal practice to technical norms,the deep reasons for restricting the function of emission permit system are analyzed.Then from the legal status of the licensing system,the scope of norms,On the basis of the study and reference of the pollution permit system in the field of water pollution in the United States from the aspects of standards,management system,implementation and protection,this paper puts forward the concrete idea of perfecting the protection mechanism of the emission permit system in our country,and improves the legislative guarantee.We should standardize the law-abiding safeguard mechanism of pollutant discharge units,perfect the supervision and security mechanism of environmental protection departments,and strengthen the safeguard mechanism for public participation.