| The fluidity of air pollution determines that the prevention and control of air pollution cannot be solved by a single body,but must rely on the linkage and cooperation of multiple bodies.The newly promulgated "Environmental Protection Law" in 2014 and the newly revised "Air Pollution Prevention and Control Law" in 2015 established the joint control mechanism for regional air pollution joint defense at the legal level for the first time.Inter-provincial air pollution refers to the hazardous materials in the atmosphere crossing the provincial boundaries,which pollute the atmospheric environment between the provinces.It is of great significance to carry out joint prevention and control work for inter-provincial air pollution and actively promote inter-provincial coordination and cooperation,which are important for building a joint legal mechanism for air pollution prevention and control and improving the effectiveness of air pollution control.China's current laws have made relevant regulations on joint prevention and control of air pollution.In the legal practice of joint prevention and control of inter-provincial air pollution,Beijing-Tianjin-Hebei has achieved remarkable results as a national pilot.Experience of Beijing-Tianj in-Hebei air pollution joint prevention and control law practice:create a mechanism,carry out a multi-subject linkage mechanism;improve the basic security system,implement information sharing on major environmental issues,sign the framework of the Beijing-Tianjin-Hebei cooperation agreement,clarify funding guarantees;create a system,establish responsibility investigation and assessment system.The current inter-provincial air pollution joint prevention and control legal mechanism construction mainly has the following problems:lack of guiding principles for joint prevention and control;the main mechanism of joint prevention and control is not perfect;the basic guarantee system of joint prevention and control is imperfect;the lack of ecological compensation mechanism;the mechanism of responsibility assessment and investigation is not perfect.To improve the inter-provincial air pollution joint prevention and control legal mechanism,first of all,it is necessary to establish the guiding principles of inter-provincial joint prevention and control.The basic principles of joint prevention and control work should be:the unity of the rights and obligations of the public power,the consistency of legal supply and social needs,the combination of cost savings and optimized governance,optimal atmospheric environmental protection and minimization of control costs.Second,it is necessary to improve the main body of joint prevention and control,establish a permanent organization for joint prevention and control,establish a coordination group under the inter-provincial joint meeting,and construct a public participation mechanism.Third,we must improve the basic guarantees for joint prevention and control,improve the information sharing system,increase the binding force on the framework agreement,and improve the implementation of special funds for air pollution.Fourth,we must improve the inter-provincial ecological compensation mechanism,implement ecological interest compensation legislation,and pay attention to the balance of interests between provinces.Fifth,in terms of improving the accountability assessment and accountability mechanism,we should adhere to the clear legal accountability procedures and improve the accountability mechanism of leading cadres within the administration. |
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