Research On The Legal System For Prevention And Control Of Exhaust Pollution From Non-road Mobile Machinery

The prevention and control of exhaust pollution from non-road mobile machinery is an important measure to protect and improve the atmospheric environment,protect public health,and realize the construction of ecological civilization.At present,my country’s research on the exhaust pollution of non-road mobile machinery is in the exploratory stage.Chapter 4 of the Air Pollution Prevention and Control Law provides for the prevention and control of exhaust pollution from non-road mobile machinery.In addition,Beijing,Wuhan,Xi’an and other places have formulated non-road mobile machinery exhaust pollution prevention regulations,and Shandong,Chengdu,Xining and other places have issued non-road mobile machinery exhaust pollution prevention measures.On the one hand,the promulgation of these laws and regulations has promoted the progress of the prevention and control of exhaust pollution from non-road mobile machinery.On the other hand,they have also exposed the differences in local laws and regulations on the same issue.Through the analysis of current relevant laws and regulations,research and demonstrate the deficiencies of the legislation on the prevention and control of exhaust pollution of non-road mobile machinery,provide theoretical support for the construction of the exhaust pollution prevention system of non-road mobile machinery,and promote the prevention and control of exhaust pollution of non-road mobile machinery.The thesis focuses on the following four aspects: Firstly,the filing and registration system is an important system to find out the base of non-road mobile machinery and to find out the exhaust pollution of non-road mobile machinery.The current filing and registration system has the problems that the "Air Pollution Prevention and Control Law" does not make provisions,the subject of the filing and registration of non-road mobile machinery,and the scope and object of the registration are inconsistent.In order to improve the filing and registration system,government departments should play the guiding role of registration,make exhaust gas emission standards a prerequisite for filing and registration,and introduce third-party social organizations to carry out filing and registration work.Secondly,the high-emission prohibition zone system is an important system to improve the urban atmospheric environment and protect the health of the people.The current high-emission banned area system has the problems of a single division standard,inconsistent regulatory bodies,and lack of policy support for the use of clean energy in banned areas.In order to improve the high-emission prohibited area system,the delineation process of high-emission prohibited areas should be stipulated,the monitoring subjects of high-emission prohibited areas should be clarified,and the support of new energy policies should be strengthened.Thirdly,the inspection and maintenance system plays an important role in preventing and controlling the emission of air pollutants from non-road mobile machinery and extending the service life of non-road mobile machinery.The current inspection and maintenance system has the problems that the inspection period is not specified,and the "Air Pollution Prevention and Control Law" does not provide for the maintenance system.In order to improve the inspection and maintenance system,the inspection period should be stipulated,the maintenance system should be stipulated in the Air Pollution Prevention and Control Law,and the legal responsibility for the improvement of the inspection and maintenance system should be specified.Finally,The fuel supervision system is of great significance for controlling the exhaust pollution of non-road mobile machinery from the source and reducing the existence of black-hearted fuel suppliers.The current fuel regulatory system has the problems of inconsistent fuel use standards,non-mandatory registration of fuel producers,and lack of policy support for the use of new energy fuels.In order to improve the fuel supervision system,the registration of fuel producers should be strictly controlled and the management and control of new energy fuels should be strengthened.