The Research On The Legal Systems Of Law On The Prevention And Control Of Atmospheric Pollution

Increasingly serious air pollution problems promote the innovation in the legalinstruments of governance. The phenomenon of air pollution is highlighted in China,and the existing "Atmospheric Pollution Prevention Act "does not reflect the changesin the situation of this kind of pollution. A part of the system is lack ofmaneuverability, directly led to a result of the difficulties in the reality of lawenforcement, so it difficult to get real, effective implementation,contrarying to theexisting policy intent. Therefore,accelerating to modify "Atmospheric PollutionPrevention Act” is referred to the agenda. How to embody the means and measures inthe law to address these phenomena and problems, has become a hot issue ofenvironmental law experts. In fact, China has started to learn from foreign advancedsystem, and in some places the practice of the pilot is carried out, but has not beenreflected in the provisions of the law, and in practice there are a variety of problems.As early as possible to get extensive and effective use of the legal system in ourcountry, it is necessary for further study and summarize the legal system.Firstly, the author analysis basic concepts and principles of the AtmosphericPollution Prevention Act. Secondly, from stationary sources of pollution, mobilesource pollution, regional pollution prevention and control this three aspects, theauthor analysis the problem of air pollution control legal system, among of that,stationary sources of pollution prevention and control is divided into four sections,and the author studies the four different systems,such as atmospheric total pollutantcontrol system.In the study,at first the author will explain the concept andcharacteristics of the legal system. Secondly, the author will summarize the exposedshortcomings and deficiencies in the process of applying, study these deficiencies, getthe understanding that is needed to improve.Then, the author analysis foreignexperience, thus forming a reference and inspiration of our experience, and finally, doa detailed description of legal system construction.On the Building of systems, I propose the following: in Stationary source pollution prevention and control, we should focus on research of Air PollutantEmission Control system, the atmospheric discharge permit system, air pollutionmonitoring system and the atmospheric environment use rights trading system, so thatmake it perfect. By the modification of the “Atmospheric Pollution Prevention Act ",to modify and improve the above system, to build stationary sources of air pollutionprevention and control legal system. Similarly, the case of mobile source pollutioncontrol, there are many shortcomings and deficiencies, need to make new rules toregulate the law. The regional air pollution management system, because of theregional characteristics of atmospheric pollution, but also the need for research andconstruction.It should be noted that in the process of improving the legal system of China’s airpollution control, to sum up our practice and legislative experience, but also learnfrom the experience of foreign regions and countries to learn from foreign experience,especially in the time should be noted that China’s national conditions to adapt.