A Study On The Legal System Of Restricting The Pollutant Discharging

As the amount of pollutant is increasing, our country has to face serious environmental problems. The discharging of pollutant has a very negative impact to development of economy. Uncontrolled discharging of pollutant not only invades people's environmental right, but also goes against the Sustainable Development View. owing to the shortages of our legal system, it is difficult to restrict the discharging of pollutant efficiently. It is very important to adopt strong measures which could efficiently restrict the discharging of pollutant. This study tends to research the present legal system of restricting the pollutant discharging and give some helpful advice to the related departments.In the first part of this thesis, it introduces the conception of pollutant and classifies different sorts of pollutant, and introduces the popular treatments which can dispose the pollutant harmlessly, after that, it points out that the harmless treatment for pollutant, which is low in efficiency, cannot perfectly resolve the environmental problem caused by pollutant discharging.In the second part, it introduces three fundamental theories which the legal system of restricting the pollutant discharging should rely on .In the third part, it analyses the history and present situation of the legal system of restricting the pollutant discharging, and points out that the laws and regulations which restrict pollutant discharging are lack of coordination and consolidation and do not form an organic legal system; the responsibility between government departments is not clear and the government supervising system needs to be progressed; the present pollution charge system needs to be perfectted; the environmental liability insurance system is blank in our country; the public participation is insufficient in the system of restricting the pollutant discharging; the legal responsibility in restricting the pollutant discharging needs to be perfectted too.In the fourth part, it gives some advice and views on how to make the legal system of restricting the pollutant discharging better. it indicates that: on tax law, it should take several modifications to restrict the pollutant discharging at the threshold; on the supervising aspect, it should perfect the discharge permit system and the pollution charge system; on the legal liability aspect, it shoud reconstruct the administrative organs' responsibility and emphasizes the enterprises' liability, establishes the over-area pullute liability system and the environmental liability insurance system. Finally, for protecting citizen's environmental right, it suggests to establish the public interest litigation system in restricting pollutant discharging.