Study On Haze Prevention Law System In China

Prevention and control of atmospheric pollution is one of problem world we faced. The haze, its essence is caused by human activity. In the 21 st century, China’s economic growths fast. At the same time it brings environmental problems are more and more serious. Haze pollution is not only environmental problem, is also the economic development and environmental protection problem. We chose the road of sustainable development, which means Economic development and environmental protection are equally important. We need to reflect on the previous model of economic development. At present, the environmental protection is our important plan and law is our tools.Our country’s legal system for the prevention of haze has been established. From the aspect of legislation, law enforcement, legal supervision and so on all have legal basis. The new revision of the environmental protection act determination of the governance of environmental pollution in our country. However, because of our country still belongs to the construction of the rule of law society stage, the rule of law system is not as perfect as the developed countries. For a new type of atmospheric pollution governance is still in groping stage. So, from the legislation to implement all have different degree of defects. Specifically,the first is legal system is not perfect. In our country,prevention and control of haze is based on Atmospheric Pollution Prevention Law. But the provisions in the law on the prevention and control of atmospheric pollution are too of principle that difficult to implement. And the detailed rules for the implementation of form a complete set of haven’t been set up. Also because of the complexity of the haze pollution causes, prevention and control of haze need several other administrative departments to cooperate, such as roads, buildings, vehicles management departments. Finally, the local government is an important part of haze prevention at present, China’s provinces and cities there is n.o specific regulation on prevention and control of haze; it is the leading cause of haze prevention effect was not significant. Second, mechanism is not perfect. For example, public interest litigation system, total amount control system, inter-regional mechanisms system has a certain degree of defects.Historically, during the period of industrial development in the developed countries have different levels of air pollution. "Such as the United States Los Angeles photochemical smog event", "minamata disease incident" in Tokyo, Japan, "smog" in London, England, these countries in the aspect of control of atmospheric pollution in accordance with the law of experience is worth learning and using for reference in our country. First of all, foreign start prevention and control of atmospheric pollution earlier than us; they have a more mature legal system. Second, the system of prevention and control of atmospheric pollution in China is a lot of draw lessons from foreign experience, so in-depth analysis of the foreign system according to China’s national conditions improve our existing system.According to the experience of the foreign control of air pollution, fog prevention is a systematic project, the perfect legal system is necessary. According to the reality of our country, should first as soon as possible into the implementing rules for the prevention of air pollution, new refinement laws. Second, formulate fog special law, prevention and cure of different fog haze pollution sources for effective control. Finally, the local people’s congress, formulates local regulations, and in the middle of the law is complementary, and forms a perfect legal system as a whole. In terms of concrete system, should be clear zone spreading into the main body, improve the information sharing and public participation; Expand the scope of the main body of public interest litigation; Change the total amount control model, refined management system, and strengthen technical support.