Research On The Prevention And Control Of Fog And Haze And Its Public Law Countermeasures

With the rapid development of industrialization process,urbanization process and means of transportation,the fog and haze pollution happens frequently around our country in recent years.The problem is the haze pollution usually happens in several districts simultaneously which not only invades the clean atmospheric environment,but also influences the well-organized social activities and people's healthy bodies.And the influence is so bad that has caught the attention of the entire nation.Besides attention,many far-sighted personnel are getting down to research on the haze pollution from all angles to contribute to the solution of haze pollution.Given the congruency of the suffering and benefiting from the haze pollution and process between one and another,the author thinks everyone is responsible for the fight against haze.Regrettably,as a student of legal science,the author can't offer any proposal of how to overcome technical difficulties of haze prevention and control,but author think she can still attempt to study the relative management measures incorporate her expertise to add to understanding of us about how can we do to the haze pollution.This graduation thesis mainly divided into 4 parts.The first part is mainly about the status of haze pollution and the necessity of haze prevention and control by public law countermeasures.The frontier part directly present the severity of current haze pollution in our country with a series of real data,which shows we can't delay to undo the damage the haze caused.The next content is about the article of the paper.In the first place,the paper explains the meaning of public law countermeasure,emphases on such two points that social law countermeasures included in the public law countermeasures and private law countermeasures are not excluded the due countermeasures of haze government.Secondly,the author analyses the necessity of haze prevention and control by public law countermeasures from three angle,they are the public advantages,governmental responsibility and efficiency of law.The second part is mainly about status of public law countermeasures of haze prevention and control and the defects analysis.The frontier part explores the existing public law countermeasures of haze prevention and control systematically by various specific public laws,including the constitution,the environment law,the administrative law,the penal law,the economic law,the procedural law and so on.The author thinks the principle of legislation ismainly within the constitution,the fundamental principles and institutions of haze prevention and control are within the basic environment laws,specific rules of law served for organization of haze prevention and control are within the administrative law,sanctions for misfeasors in the environmental public interest are within the penal law,the indirect adjustment of government's economic means and administrative measures are within the economic law,and the damage compensation measures are within procedural law.The next content analyses the defects of current public law countermeasures of haze prevention and control,etc.there are bias in the legislation idea,the government responsibility and civil rights is insufficient,and so on.The third part is mainly about foreign case and experience in haze prevention and control.The frontier part mainly introduces 4 typical cases which suffered similar pollution ever.The next content mainly summarizes some important experience in haze prevention and control of foreign countries.The fourth part is mainly about the suggestions to perfect public law countermeasures of haze prevention and control.In consideration of author's the professional background of Constitutional Law and Administrative Law and the paper's topic of relevant subjects at environment,paper chose only the constitution,the environment law and the administrative law to perfect the public law countermeasures of haze prevention and control.First,we should strictly abide by the Constitution,establish ecological civilization mechanism;meanwhile,author thinks we should add the environmental rights and obligation of citizen to the Constitution in the future.Secondly,as far as administrative law is concerned,author thinks the key is perfecting the governmental responsibility.Lastly,for the environment law,on the one hand,we should continuously perfect the environmental law system;on the other hand,we should perfect the contents of the two environment law,including the legislation idea,the fundamental principles and institutions,etc.