| The rapid development of economy has brought serious environmental problems.Since 2018,Fen-Wei Plain,as one of the three regions with the most serious air pollution in China,has attracted much attention.The air pollution in Fen-Wei Plain is objectively caused by the uncoordinated economic and energy structure,such as industrial structure relying on heavy chemical industry,energy consumption relying on coal resources,transportation relying on road transportation,etc.Meanwhile,Fen-Wei Plain is surrounded by mountains on all sides,and unfavorable terrain conditions limit the atmospheric diffusion conditions in this area,resulting in long-term accumulation of pollutants.In order to effectively improve the quality of atmospheric environment and encourage local governments to actively control atmospheric pollution,Fen-Wei Plain involves Shan xi Province,Shan xi Province and He nan Province,and has established an ecological compensation legal system for air pollution control(referred to as ECAPC),which has played a positive role in promoting the atmospheric environmental control in Fen-Wei Plain.However,some shortcomings have also been found in the implementation process,which is not conducive to the ecological compensation to play a role in the air pollution control process.Therefore,it is extremely urgent to improve the ecological compensation legal system for air pollution control in this area.Through literature analysis,this paper summarizes the relevant theoretical knowledge of ECAPC,and explores the social and ecological values of ECAPC from the perspective of law,which provides a solid theoretical basis for implementing and perfecting the legal system of ECAPC in Fen-Wei Plain.The legislative practice of ECAPC in Shan xi Province,Shan xi Province and He nan Province is analyzed by comparative analysis.It is found that the legal system of ECAPC in Fen-Wei Plain has the following problems: weak legal foundation of ecological compensation,insufficient regional cooperation of ecological compensation,lack of long-term mechanism of ecological compensation and lack of implementation guarantee mechanism of ecological compensation;Through analyzing and studying the implementation experience of PES in the United States,European Union and Japan,and the experience of air pollution control consultation legislation in the United States and European Union,this paper puts forward some suggestions on perfecting the legal system of ECAPC in Fen-Wei Plain,namely,speeding up the pace of legislation,perfecting the legal system of ecological compensation for air pollution control,promoting in-depth cooperation in ECAPC in Fen-Wei Plain,establishing a long-term mechanism of ecological compensation for air pollution control and perfecting the guarantee mechanism of ECAPC.The purpose of this paper is to promote the further development and perfection of ecological compensation legal system for air pollution control in Fen-Wei Plain,so as to help Fen-Wei Plain win the tough battle of air pollution control and improve the air environment quality for a long time and continuously. |
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