The Legal Research For Controlling Of Dust Pollution Caused By Construction In China

With the rapid development of China’s economy, the environmental problems intensified, the dust pollution caused by construction does serious harm to human health and restricts the development of economy, the public’s demand of construction dust pollution prevention and control increases day by day.Although the laws, regulations and local normative documents for the prevention of dust pollution caused by construction have been introduced, it is still difficult to curb the strong momentum of the dust pollution. The reason is, first of all, in the regulatory system, among the various departments, there are some problems: lack of supervision, replicated management, and the management is not coordinated. And because of the construction enterprises play an important role in local economy, local protectionism will appear inevitably. Secondly, in the guaranty funds system, legal documents lack of normative, Measures and standards for the collection lack of scientific operation and the mechanism of supervising is lacking. Thirdly,in the governance, corresponding technical standards and emission standards are lacking, dustproof measures becomes a mere formality, the collection standards of emission fee is short of scientific operation. The company’s declaration and dust sewage charges lack of supervision. Moreover, the relevant subjects also lack effective internal mechanisms for control, Reward and punishment mechanism,The. Construction enterprise’s illegal cost is relatively low, the public lacks the corresponding reward mechanism.Therefore, the regulatory system, it should clarify the powers and responsibilities of the various departments, strengthen the assessment of accountability mechanisms. In the guaranty funds system, the legal documents must be normative, making reasonable laws and regulations. In the governance,Normalize the monitoring standards and emission standards of the construction dust pollution, introducing “the ECO plan” reasonably, set a scientific standard of the collection. In addition, we must establish a hierarchical supervision mechanism from the internal and pay attention to the role of supervision system. In the incentive mechanism, improve the construction enterprise’s illegal costs, use daily penalty system, introducing a number of innovative methods simultaneously. To encourage construction enterprises and citizens to take an active part in the prevention of dust pollution.