Study On Emission Permit System Under View Of Reconstruction

The effect on environmental protection of emission permit system (EPS) has been acknowledged by many nations, which the western countries with developed market economy have taken the emission permit system as a mainstay to prevent pollution and have made it into system, procedure and regulation. As early as in 1989, the EPS was listed at the core of China's environment pollution policy system, one of the eight national environmental policies to be executed by the environment competent department, namely "one of eight systems". It has a key importance to preventing pollution, regulating emission activities and facilitating administration according to law. However, up to present, the legislation of EPS remains very imperfect at a little lower legislative level, only confirmed by law in some concrete fields. As a result, the delay of legislative regulation is terribly unfit to its importance in pollution prevention. The issuance of Administrative Permit Law has provided a good chance for the EPS to be reconstructed with a platform of rule of law. The chance should be grasped to reconstruct and perfect the current EPS with many problems for water & air pollutants and to apply EPS to environmental noises and land-source pollutant. At present, it is necessary for the State Council to formulate an administrative regulation named Regulation on Emission Permit to reconstruct EPS completely by taking Administrative Permit Law as its legal basis. This essay makes a thorough analysis on how to reconstruct and build EPS and presents a legislative idea on legislation.In the first Chapter, it makes analysis on the function and value of EPS as well as the shortcomings existed in the system itself, persuasively showing that we should make best use of the advantages and bypass the disadvantages to define the precise position for EPS avoid misunderstanding that may go to the extreme of either intent evasion or much exaggeration.In the second Chapter, based on the requirement of legal rules, it makes a study on the norm basis of EPS in the law and regulation in other nations and Taiwan region of China as well as in the Mainland of China, presenting the difference among them by comparison and analyzing the defects existed in the norm basis of our EPS.In the third Chapter, it first makes a positive study on the current implementation situation of EPS by taking a case city as its object, showing the problems existed in the current system. Then it draws on the experience of the norm basis in other nations and Taiwan region of China and summarizes the successful experience and the lessons of the local testing. After taking sufficient consideration on the current implementation situation of this system, it comes out an idea on legislation.