The Research On Administrative Law Enforcement Of Air Pollution Prevention And Control Of Ships In China

The world shipping industry is developed,but at the same time it brings air pollution to ships.The air pollutants discharged by ships not only cause air pollution in the port area,but also cause air pollution in a larger region with the flow of ships and air.Therefore,enough attention must be paid.Supplement ? MARPOL convention has to make a provision for Marine atmospheric pollution,and at least after eight times more revisions,discharge atmospheric content more comprehensive prevention and control of concrete of the ship.However,due to the fluidity and cross-regional nature of ship air pollution,the prevention and control of it still need the active efforts of the contracting states.In recent years,China has only begun to prevent and control ship air pollution.In addition to scientific prevention and control technology,the administrative supervision mechanism of relevant administrative organs also needs to be improved,At flrst,this paper analysis the law of the People's Republic of China on the prevention and control of atmospheric pollution,the Marine environmental protection law of the People's Republic of China,the implementation scheme of ship air pollutant emission control area(hereinafter referred to as "the implementation plan"),"ship air pollutant emission control area regulatory guidelines"(hereinafter referred to as "the supervision and administration guide"),the ship's engine exhaust emission limits and measurement methods(the first and second phase)in China "(hereinafter referred to as"the measurement method is one,two phase "),the Marine fuel oil(GB17411-2015)and other relevant laws and regulations and administrative normative documents,Clarify the domestic laws and regulations on the prevention and control of air pollution from ships.Then,by comparing the scope of authority of China's maritime administrative organs,ecological and environmental departments,state oceanic administration and other relevant departments,and combining with the actual situation,the administrative subject of China's ship air pollution prevention and control is determined.Maritime administrative organs as a ship of the prevention and control of atmospheric pollution in our country the main administrative body,is responsible for the relevant law enforcement work,but as a result of inadequate legislation,imperfect specific administrative standard and prevention and control technology is relatively backward,why give law enforcement in certain challenges,such as insufficient administrative inspection,administrative discretion is bigger,improper administrative punishment on the basis of citing,regulation of carbon dioxide can not meet the performance requirements of supplement VI,zone spreading system is not strong.On the basis of in-depth research,this paper summarizes the problems existing in the supervision of China's ship emission control areas and other ports,focusing on the analysis of the shortcomings of maritime administrative organs in law enforcement.Through the comparative analysis to the United States,the European Union countries on atmospheric pollution prevention and control of the ship in the administrative law enforcement measures,combining with the above problem consciousness,this paper puts forward the following Suggestions:perfecting the Marine atmospheric pollution and greenhouse gas(GHG)coordinated control system and the related administrative standards,strengthening Marine fuel oil supervision coordination mechanism,standardize law enforcement process and elaboration penalty punishment,to strengthen the maritime law enforcement supervision,perfecting the Marine atmospheric pollution zone spreading management mechanism.The aim is to improve the law enforcement level of air pollution prevention and control of ships by maritime administrative organs and effectively control the discharge of ships.