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Research Of Consultative Legislation On Regional Air Pollution

Posted on:2019-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:L L MaFull Text:PDF
GTID:2371330548491519Subject:Environment and Resources Protection Law
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Since the Yangtze River Delta,Beijing-Tianjin-Hebei Region and other regions have implemented the system of joint control of air pollution,good results have been achieved.Taking the Yangtze River Delta as an example,the proportion of the average emission of major pollutants in the 25 cities is increasing year by year.However,there is a prominent problem that the local legal norms of the parallel legislative bodies within the region(which are limited to the provincial legislative bodies)are not consistent,which even sometimes dissolve the actual effects of the joint defense system.At the same time,there are some problems in the current mode of local legislation: first,the local legal norms of the legislative bodies within the region have distinct local interest preferences;two are different ethnic cultural characteristics,showing strong national cultural characteristics;and three,even in the case of the convergence of public interests.The view of political achievement will also implement completely different environmental standards and law enforcement measures.Four,law enforcement personnel often ignore the public interests in the process of law enforcement and choose the law enforcement programs which are favorable to the local authorities.It is necessary to reexamine and study the form of local legislation from the perspective of legislation,and to explore a legislative model which is in line with the requirements of the Constitution and the legislative law.On the basis of such a kind of thinking,the mode of consultation legislation is put forward.Some environmental pollution phenomena with regional damage must have a regional coping strategy.The basic idea is to set the legislative body as the two levels of the local people's Congress and the local government,which includes two aspects of the local regulations and government regulations enacted by the local people's Congress and the government regulations formulated by the local government.When there are contradictions and conflicts in the local legal norms,it will be solved by consultation legislation;with the approval and record of the National People's Congress or the State Council,the legal effect can be obtained through consultation.Although there are many difficult problems in the research of this legislative model,it is meaningful as a kind of exploration,so we have carried out a tentative study on it.
Keywords/Search Tags:Regional air pollution, Joint prevention and control, Consultative legislation
PDF Full Text Request
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