Research Of Trans-regional Air Pollution Supervising Implementation

Compared with the traditional air pollution implementation within administrative regions,trans-regional air pollution supervising implementation is a new kind of air pollution implementation,in which the implementing subject can implement air pollution law and regulations beyond the limitations of administrative divisions between different administrative regions,its enforcement not only accords with the objective requirement of regional air pollution prevention,but also fits the requirements of reforming our country’s air implementing system by the severe regional air pollution situation.Besides,trans-regional air pollution supervising implementation is proposed to eliminate the disadvantages of traditional air pollution implementing system in our country,and also plays an important role in realizing oneness of regional air environmental protection.Given the original value of the trans-regional air pollution supervising implementation in the field of regional air pollution prevention and control,“Chinese Air Pollution Prevention and Control Act”(2015 revised)has explicitly put forward the enforcement of trans-regional air pollution supervising implementation in key areas.On the basis of the above regulations,Chinese local governments also carried out the practice of trans-regional air pollution supervising implementation,so as to effectively promote the sustainable development of trans-regional air pollution supervising implementation.However,due to trans-regional air pollution supervising implementation is a new thing in the field of air pollution law enforcement in China,to the particular enforcement of it,neither our country has rich experiences,nor overseas paths or patterns can be learned,all these hindered the in-depth development of trans-regional air pollution supervising implementation in the field of prevention and control of the air pollution in our country.In this case,exploring the subject,object,procedure and guarantee mechanism of trans-regional air pollution supervising implementation theoretically will enrich our country’s theory of trans-regional air pollution supervising implementation,promote trans-regional air pollution supervising implementation mechanism,and ultimately guarantee the stable enforcement of trans-regional air pollution supervising implementation in our country.For this aim,this thesis mainly constructs the mechanism of the trans-regional air pollution supervising implementation from the following four aspects.First of all,we should establish the subject of trans-regional air pollution supervising implementation.Compared with traditional administrative air pollution implementation,trans-regional air pollution supervising implementation regards air environmental area including two or more administrative areas as its implementing field,so its implementing field is beyond the limitation of administrative divisions,where different settings of the implementing subject from that of the traditional air pollution implementation is also needed.In particular,according to the specific enforcing mode of the trans-regional air pollution supervising implementation,there are three kinds of paths can be used in the process of designing the trans-regional air pollution supervising implementing subject.Under the mode of unified implementation,trans-regional environmental agencies can be assumed to be the subject of trans-regional air pollution supervising implementation,such subject can be constructed either through restructuring of the traditional environmental protection agency or being newly produced in parallel of the traditional environmental protection agency.However,based on the reality of China’s environmental administrative system,it is more feasible to construct trans-regional environmental protection institutions through the newly-producing path.In cross implementing mode,the common superior of local governments in the area acts as the subject of trans-regional air pollution supervising implementation,which form the trans-regional air pollution supervising implementation team by deploy local government’s air pollution implementing personnel and authorize them to implement air pollution law.Under the mode of joint implementation,the joint air pollution implementing team consisted of local government’s implementing agencies can be regarded as the nominal subject of trans-regional air pollution supervising implementation,but the specific air pollution implementing authority shall still be borne by the members of the joint implementing team.Secondly,we should define the object of trans-regional air pollution implementation.In order to save precious implementing resources and coordinate the relationship between trans-regional air pollution supervising implementing subject and that of the traditional air pollution implementation,we should define the implementing object from the scope and items of trans-regional air pollution supervising implementation.Among them,the definition of the implementing scope can be processed in two levels: first,we can regard the key areas for the control of air pollution designated by our governments as a macro field;Second,we can define the administrative border regions within the key area as the micro area,which will guarantee trans-regional air pollution supervising implementation resources are mainly used for air pollution projects or activities within the administrative border regions.In addition,the definition of the items of trans-regional air pollution supervising implementation can adopt the way of implementing lists including industry,projects and activities which can easily lead to regional air pollution,to strengthen the pertinence,feasibility and effectiveness of trans-regional air pollution supervising implementation,and effectively prevent the phenomenon of omission or disorderly act in the process of trans-regional air pollution supervising implementation.Thirdly,we should arrange the implementing procedure of trans-regional air pollution supervising implementation.For restraining the subject’s implementing behavior and ensure the steady enforcement of trans-regional air pollution supervising implementation,we need to design procedures for trans-regional air pollution supervising implementation.Currently,the implementing procedures in time concept are mature and can be adopted directly in China’s trans-regional air pollution regulation.However,compared with the traditional air pollution implementation,the enforcement of trans-regional air pollution supervising implementation need to deal with the relationship between different bodies,and its application to spatial concepts is more complex than that of traditional law implementation.In view of this,it is necessary to regard the procedures coordinating the horizontal relationship between relevant subjects as the construction focus of the trans-regional air pollution supervising implementation procedure.For this purpose,this article designs the procedure from the starting,running,ending as well as the supervising process of trans-regional air pollution supervising implementation,to enrich the procedural content of trans-regional air pollution supervising implementation,and ensure the steady enforcement of the trans-regional air pollution supervising implementation.Finally,as a continuation of the trans-regional air pollution supervising implementing procedure,we need also set up the safeguarding mechanisms to ensure the stable enforcement of trans-regional air pollution supervising implementation.In particular,it includes the following three aspects: one is to establish perfect information disclosure and sharing mechanism to ensure that the trans-regional air pollution supervising implementing information can be shared by the related subjects,enhancing inter-regional trust between air pollution supervising implementation subject and promoting the enforcement of trans-regional air pollution supervising implementation.Besides,in order to coordinate and balance the interests between local governments within the air region and mobilize the local government’s enthusiasm to participate in and support of trans-regional air pollution supervising implementation,we need to set up an economic incentive and supporting mechanism and continue to promote the integration process of regional economic and social development.Then,as a necessary assurance of trans-regional air pollution supervising implementation,a perfect responsibility mechanism is also needed to enhance the subject and its staff’s responsibility consciousness,preventing illegal phenomenon from occurring in the field of trans-regional air pollution supervising implementation.