On The Legal System Of Prevention And Control Of Heavy Metal Pollution In The Regulations On The Protection Of Xiangjiang River In Hunan Province

Hunan province had been introducing foreign capitals to treat the heavy metal pollution for a long time since 1988,but mostly failed because heavy metal pollution problems had not been solved yet.In order to avoid and treat the heavy metal pollution effectively,Hunan province formally implemented the Regulations on the Protection of Xiangjiang River in Hunan Province in 2013,which established the basic framework of the legal system of heavy metal pollution prevention and control in the Xiangjiang River,and provided legal guarantee for the practical works.After the Regulations on the Protection of Xiangjiang River in Hunan Province came into force,although the quality of water in Xiangjiang River has been improved and situation of heavy metal pollution has been eased,the effects are not prominent.Considering this fact,by analyzing the relating stipulations of the Regulations on the Protection of Xiangjiang River in Hunan Province,we can divide the legal system of heavy metal pollution prevention and control based on the overall structure into legal systems of avoidance and treatment.The legal system of heavy metal pollution avoidance includes environmental protection planning system,the overall amounts of releasing significant water polluting items control system and environmental pollution liability insurance system,while the treatment system of heavy metal pollution includes time-limited treatment system,outdated capacity elimination system and environmental restoration system.By introducing the basic concepts,contents,characteristics and practical situations of these systems,this paper summarizes and analyzes the problems of each system such as the ambiguity of regulations,the imperfect system design and the lack of legal liability in the Regulations on the Protection of Xiangjiang River in Hunan Province.Finally,through revising the Protection of Xiangjiang River in Hunan Province,puts forward some legislative proposals from three aspects,which are,improving the principles of compliance,regulating the specific contents of systems and enacting the corresponding normative documents.This essay is supposed to provide references and precedents to promote the systems of avoidance and treatment of heavy metal pollution in Xiangjiang River.