Research On The Legal Regulation Of Transferring Of Environmental Pollution In The Development Of The Central Region

Transfer of environmental pollution has become one of the important problems facing environmental protection in the world today, especially in developing countries. As China is the world’s largest developing country, the imbalance of regional economic development is bound to create conditions to environmental pollution transference, which has a rising trend. For a long time, the economic development in China’s central region is relatively slow by its geographical position and the neglect of national policy.Compared to the eastern and western region, the economic gap between regions makes the central region pursue rapid economic development, as a result, not only the central region has to migrate the heavy pollution and high energy consumption industries to the western region, but also has to take on the important task to undertake part of the eastern industrial transfer, therefore neglecting environmental protection. In contrast, the transfer of environmental pollution will not get attached great importance to the increasingly serious environmental problems.Therefore, this paper researches on the special features of the transfer of pollution problems in central region, through the literature, comparative analysis and other methods. And it is on the basis of the inspection and collection of recent domestic and international data, starting with the basic theory of transfer from the pollution of the environment, which has analyzed the reasons for the transfer of environmental pollution situation from the perspective of economic and legal.At the same time, learning from the successful experiences established by<Basel Convention on the Control of Trans boundary Movements of Hazardous Wastes and Their Disposal>, which has been kinds of various protection methods and successful experience on the control of movements of hazardous wastes, so as to provide a theoretical basis and practical basis of balance the interests economic development and environmental pollution transfer during the process of central region development.The article is divided into five parts.The first part:The theoretical basis of the transfer of environmental pollution and environmental pollution transference. Through the analysis the relationship between the ones, we can see that environmental pollution transference is the narrow sense of the transfer of environmental pollution, generalized environmental pollution transfer includes natural transfer. The paper also gives a brief overview of several academic definition of the transfer of environmental pollution identified, and then from the five aspects of the concept of environmental pollution transfer.The second part:Central development is faced with all kinds of serious problems about environmental pollution transference. This part begins with a brief analysis of the current environmental situation in China, and then it will focus on the transfer of environmental pollution in central region. Its manifestations are mainly of two types:the "investment-type" transfer of pollution and "market-type" transfer of pollution. Anhui Lixin County about poisoning industrial waste case is one kind of industrial waste pollution transfer, so as to cause serious damage or to become an environmental threat.The third part:the reason of environmental pollution transfer. This part points out that the central region has serious problems on environmental pollution transference, environmental situation is becoming more and more seriously. The author gives a comprehensive analysis of the environmental pollution generated in the central region from the respects of environmental legislation, access to environmental standards, environmental management and law enforcement.The forth part:The contributions of <Basel Convention on the Control of Trans boundary Movements of Hazardous Wastes and Their Disposal>(referred to as "Basel Convention") have made in controlling the transfer of international environmental pollution. Firstly, this section analyzes the cross-border movement of hazardous wastes from developed to developing countries, this is also the background of Basel Convention. And then from the perspective of comparison and reference, summarizing the substantial protection methods which has established in Basel Convention may provide some successful experience, which can improve the current situation of environmental pollution transfer in the central region.The fifth part:Legal Countermeasures on the prevention and control environmental pollution transfer in central region. Specifically including the following four aspects:strengthen the construction of legislation, to improve the environmental legal system; strengthen law enforcement, to break local protectionism; practice the concept of justice, to promote the environmental public interest litigation; strengthen the law-abiding propaganda, to raise public awareness of environmental protection.