Study On The Legal System Of Air Quality Ecological Compensation

In recent years,the deterioration of air quality in China has gradually attracted the attention of the state and the whole society,and the prevention and control of air pollution has become an important part of the government's work.In order to improve air quality,the central government has set up special funds for air pollution prevention and control to support the local government's pollution control work.Local governments in Shandong and Henan provinces have also carried out legislative exploration on ecological compensation for air quality,and achieved good results in practice.They are working for the prevention and control of air pollution in China.At the same time,it provides important institutional support and fills the gap in the field of atmosphere in China's ecological compensation system.However,as a new system,there are still some problems that need to be improved.Eco-compensation for air quality refers to organizations and individuals who contribute to or suffer losses from ecological protection from the central government,local governments,other organizations and individuals who benefit from or destroy the ecosystem to protect the atmospheric ecological environment and coordinate the public ecological interests by transferring financial payments and co-ordination.Legal system of reasonable compensation by means of negotiation and market transaction.Because the legislation and practice of air quality ecological compensation in different regions are carried out by intergovernmental financial transfer payment,this paper studies the current legal system of air quality ecological compensation in China from the perspective of financial transfer payment.The main body of this paper is divided into four parts.The first part elaborates the related concepts and theories of air quality ecological compensation and transfer payment.Starting from the particularity and feasibility of air quality ecological compensation,it demonstrates the relationship between transfer payment and air quality ecological compensation,and puts forward the important significance of this system.The second part focuses on combing the current legislation and practice of air quality ecological compensation in China,and makes a comprehensive analysis from the legal rank,content and other aspects.The third part summarizes the problems existing in legislation and practice of ecological compensation for air quality in China,such as imperfect legal system of ecological compensation and transfer payment system,lack of horizontal transfer payment mechanism,unreasonable standard of transfer payment,lack of supervision of transfer payment funds and lack of relief of transfer payment.The fourth part puts forward the relative improvement suggestions for the existing problems.In order to improve the legal system of ecological compensation for air quality in China,the author first proposes to speed up the promulgation of the Regulations on Ecological Compensation and the Financial Transfer Payment Law,improve the relevant legal system,and provide superior law guidance for the improvement of the ecological compensation system for air quality.Secondly,referring to the successful experience of transverse transfer payment mechanism in river basin ecological compensation,this paper puts forward the construction of transverse transfer payment mechanism.Finally,according to the practical situation,it puts forward some suggestions on the rationalization of transfer payment standard,strengthening the supervision of transfer payment funds,and setting up the relief procedure of transfer payment.