Research On The Legal System Of Air Pollution Prevention And Control In Asthmatic City In China

Asthmatic city is a city which is prone to serious air pollution incidents because of its special geographical environment and socio-economic conditions,stimulated by certain factors.Atmospheric pollution in asthmatic cities is cumulative and regional.In China,there are many such cities,such as Beijing,Xi’an,Chengdu and so on.Environmental problems in larger cities have always been the focus of attention of the whole society and the characteristics of air pollution in asthmatic cities require special prevention and control measures,which are bound to be within the framework of a special prevention and control legal system.This paper explores the characteristics of such cities in an all-round way,and studies the causes of air pollution in such special cities and the limitations of China’s current air pollution control legal system in dealing with such urban air pollution by means of literature research,empirical analysis and comprehensive analysis.At the same time,under the guidance of the theory of the legal system of air pollution prevention and control,this paper puts forward the idea of the legal system of air pollution control in asthmatic cities in China,which can provide more effective theoretical guidance for urban air pollution control,deepen the research level of the legal system of air pollution control in China,and help to improve the legal system of air pollution control in China.Through the research and summary of the particularity of asthmatic air pollution,relying on the theory of sustainable development,environmental right and environmental adjacent right,the theory of integrated control and the law of air flow,the author believes that the legal system of prevention and control of asthmatic urban air pollution should focus on the design of preventive system,and deepen the exchanges and cooperation among governments across regions in view of the complexity of regional air pollution.To mobilize the enthusiasm of relevant subjects and clarify the rights and obligations of each other among regions.Based on the analysis of the present situation of the legal system of air pollution control in China,the following problems are found in the legal system of air pollution prevention and control in China,which is restricted by the lagging of traditional ideas and basic theoretical research: the defects of guiding ideology,basic principles,prevention and control system and the imperfection of inter-regional government cooperation mechanism.Then,drawing on the practice and experience of the air pollution control systems in foreign countries such as the Mas Valley,London,Japan’s Fourth Day City,Donora and soon,this paper puts forward the idea of the legal system of air pollution prevention and control in asthmatic cities in China.Firstly,we should change the guiding ideology and establish the Idea of "Environmental Standard and Regional Priority".Secondly,On the premise of the change of guiding ideology,we should adhere to the principles of risk prevention and regional governance.Finally,the legal system of regional air pollution prevention and control in China should be improved from the following aspects:strengthening regional air environment legislation,building a cross-regional air environment management system,strengthening regional air environment monitoring and early warning,improving the system of environmental impact assessment,paying attention to the combination of urban planning and air environment legislation,and clarifying the responsibilities of interregional governments.