Study On China's Legal Measures Of Haze Pollution

Recent years, haze pollution has occurred frequently in our country. It makes great impact on economical developing, public health and social order. To effectively solve the problem, “Law of the PRC on the Prevention and Control of Atmospheric Pollution” has been revised and adopted in 2015, which strictly and detailedly ruled treatment methods to control severe atmospheric pollution such as haze pollution. However, haze pollution has not been fundamentally curbed in our country. For the sake of further perfect China's clean air legislation and discourage haze pollution, this thesis discusses from four parts.The first part systematic examines China's legislative evolution of control haze pollution since the Reform and Opening and summarizes its characteristics: the legislation on the control of China's haze pollution become increasingly scientific, systematic and severe. The second part maintains that our legal measures of haze pollution have not achieved its goal and there are also many deficiencies in law enforcement. Most importantly, the concept of our country's clean air legislation overemphasizes government-led, neglecting public participation. The third part, through analyzing the foreign advanced management experience and the legal system construction like American and Japan, from which find out prominent problems and provide reference for China's fog haze governance and system design. The fourth part discusses the methods which perfect our country's legal system of governing haze pollution and achieve source control through regulating government's executive system, promoting social governance and introducing marketing governance mechanism. The main conclusions of this paper are as bellow: push forward reform of China's environmental protection system by learning America's model of environmental governance; set up regional legislative institutions in heavily haze-polluted areas through the authorization of the National People's Congress to make specific joint clean air law; introduce the “new pollution source review rule” and explicitly establish principle of public health first; build the credit rating mechanism for haze pollution prevention and levy sulfur dioxide or tail gas emission tax as soon as possible, perfect the supervision mechanism of emission trading system in current regulations.