A Study On The Legal Problems Of Port Air Pollution In China From Ship Discharge

The theory of the community of human destiny and the accompanying theory of the community of marine destiny that.are being advocated all over the world today reflect the current global emphasis on environmental protection and resource utilization.This article is based on the current global transition from economic development to ecological environmental protection,and conducts research on a legal issue in atmospheric environmental protection,namely a study on the legal problems of port air pollution in China from ship discharge.First of all,we give an overview of the current situation of port air pollution from ship emissions,and by summing up relevant international conventions,we draw the current global theory and practice of legal issues on air pollution from port ships.Then we summarized the relevant theories and practices of major developed countries and regions in the world,and demonstrated the practices of developed countries to provide a reference.Then,we summarize the relevant theories and practices on the legal problems of air pollution in China's ports by ship emissions,mainly from three aspects:domestic regulations,administrative supervision and inspection,and international convention compliance.Presenting the current research background and support from outside to inside.Secondly,through the study of three issues,this paper progresses step by step.First,find out the problems based on the latest laws,policy norms and national standards,first analyze the legal system and find that the legislation lacks systematic specific guidance and management The main legislative direction is unclear and the port regulations for preventing air pollution from ships are not perfect.The second is the mandatory issues of existing laws and regulations,mainly including the lack of legal coercive force and the low cost of laws and regulations.The author proposes to improve the domestic law by improving the legal system and forming a compilation,promoting the construction of the organizational law to guide the detailed integration of responsibilities,and establishing a parallel mechanism of financial subsidies and policy enforcement.Secondly,on the basis of the research on domestic laws and regulations,the problems existing in administrative supervision and inspection are studied.First,the system problems of ship administrative supervision and inspection are analyzed to find out that the concept of the system is ambiguous and the system design is not perfect,and the second is the ship's emissions The analysis of the legal basis for the administrative supervision and inspection of air pollution in ports in China shows that the basis is not targeted,and the domestic and international supervision and inspection standards are inconsistent.Regarding these points,the author puts forward three suggestions:the clarification of the concept of ship,administrative supervision and inspection and the improvement of laws,and the realization of the uniformity of the standards of administrative supervision and inspection in stages and regions.Third,on the basis of the first two parts of the domestic legislation and administrative supervision system,the issue of compliance with international conventions on ship emissions to the air pollution of China's ports is discussed,and conclusions are drawn that the compliance mechanism does not match practic e,fuel supply and use dilemmas,and emission control zone construction Lack of comprehensive compulsory and engine standards and their regulatory failures.The author proposes four-point countermeasures for the construction of temporary institutions for compliance,guaranteeing the supply and use of fuel oil by means of subsidies and policy guidance,conducting pilots and forcibly promoting the construction of emission control zones,and the management of ships and engines in compliance with the Convention.Through the improvement of the compliance system,the legal control level of ship emissions in China will be further improved to solve the problem of air pollution in ports in China.Finally,the author has made a comprehensive review of the current legal problems of atmospheric pollution caused by ship emissions in China's ports,weighed the interests of air pollution and the development of the shipping industry,and tried to find the best balance between the two from a legal perspective.Through our efforts,we can maximize the advancement of ship emissions prevention and protection and protect the atmospheric environment of our ports.