The Study On Legislation Of Emission Permit Management System In China

The pollution discharge permit management system is an environmental management legal system in which the competent ecological and environmental department,according to the relevant provisions of the pollutant discharge permit,reviews the type,quantity,concentration and other elements of the pollutant discharge according to the law,issues the pollutant discharge permit with a certain amount of discharge to the applicant,and requires the applicant to regulate the pollutant discharge behavior in strict accordance with the information content on the certificate Degree.It is of great significance to improve the legislation of emission permit management system in China,which is conducive to the construction of an internally coordinated and unified regulatory system of pollutant discharge permit management,to the promotion of strategic transformation of emission permit management,and to the formation of a sound responsibility system of emission permit management.China's emission permit management system has been developed for 30 years,but there is still a big gap with the United States,Japan,France and other developed countries.There are many problems in the process of practice and exploration: firstly,the legislative system of emission permit management system in China is not perfect,and the level of normative documents of emission permit management system is low;secondly,the legislative content of emission permit management system in China It is not complete,the scope of application is narrow,the classification is not scientific enough,and the implementation subject of the system is also lack of necessary unity,which makes it difficult to establish an effective communication mechanism between the administrative authorities and the polluters;finally,China's legislation on pollution discharge licensing management is not reasonable in terms of legal liability setting,and there is improper allocation of rights and responsibilities.According to the characteristics and implementation status of China's emission permit management system,it is the only way to perfect China's emission permit management system toimplement special legislation on emission permit management and promulgate "Regulations on emission permit management" as soon as possible.Specific efforts can be made from the following aspects: first,improve the legislative system of pollution discharge permit management;second,expand the scope of application of the emission permit system;third,improve the regulatory mechanism of emission permit;fourth,improve the connection between the emission permit management system and relevant systems;fifth,set up reasonable legal liability for violation of emission permit management.