Research On China’s Legislation For The Prevention And Control Of Toxic Air Pollutants

During The11th Five-Year Plan, pollution prevention and control work onChina’s preventing and controlling work of environmental protection has maderemarkable achievements, however, the general trend of the deterioration of China’senvironment has not been contained yet. As for the environmental protection onatmosphere, traditional coal-burning pollution, oil pollution, nitrogen oxide typepollution, coupled with the emerging toxic air pollutants as the representing the heavymetals, chemicals, persistent organic pollutants, All together makes the pattern of theold and new pollutants mixed pollution has been gradually established.Toxic air pollutants refer to exist in the gaseous or aerosol form which can causetoxic reaction for human health, such as "carcinogenic, teratogenic, mutagenic",besides that, it has a bad effect on atmospheric environment quality significantly.Toxic air pollutants are the byproduct of the rapid development of China’s chemicalindustry, which continue to expand, and its harm is becoming more serious, so it hasbecome an environmental problem needed to be paid attention and efforts to solve inthe new era of China’s preventing and controlling work of air pollution. Theoretically,domestic scholars’ research in this problem is still in progress, practically, althoughsome regions in China have started to add a small number of toxic air pollutants intoto the industry emission standards, the controlling targets are not clear, and not everyindustry can be covered, as well as the less prominent of controlling key point.Besides that, plenty of relevant environmental protection laws and regulations whichare supposed to be full of operability yet not effectively adjusted to the pollution, theexisting environmental legal law system also has not taken it into consideration, thatmakes stops this type of pollutant has entered into the environment access, dailysupervision of pollution sources and environmental risk prevention. This thesis startsfrom the reality of China’s laws and regulations, strive to study and analyze the theoryof environmental law and environmental law practice internally and externally，as tohelp build the basic framework of the legislative prevention of toxic air pollutants.The thesis uses comparative method, inductive analyzing method and other research methods to define the basic issues of definition, scope and characteristics oftoxic air pollutants; makes an analysis of toxic air pollutant emissions and pollutionstatus quo; sums up Chinese legal basis for the prevention and control of toxic airpollutants and problems; investigates the environmental standards and theachievements of local laws and regulations; describes how the current majorenvironmental protection law system coordinate with the toxic air pollutant control;and take the main measures of prevention and control of toxic air pollutants meansand related systems in United States as an example.At last, strengthens toxic air pollutants controlling theory study in legislation,which is concerned with the existing legislation in order to make some views to buildthe legal system of toxic air pollutant controlling. May the contents in this thesis makethe basis of comprehensive and in-depth advance of the air pollution control in the“The12th Five-Year Plan”, and provide theoretical support for the amendment of China’senvironmental laws, the formulation of industry standards for pollutants discharge.