A Study On The Unnecessary Repetition Of Local Legislation For The Prevention And Control Of Dust Pollution In China

As an important factor affecting the improvement of legislative quality,unnecessary repetition of legislation has been highly valued by top designers in recent years.Article 73(4)of the Legislation Law of 2015 newly added the principle of non-repetition,which makes the distinction between necessary repetition and unnecessary repetition a formal legal source,and the study of unnecessary repetition in local legislation has received much attention.At present,there is a lack of in-depth analysis of the specific manifestations and problems of unnecessary repetition in local legislation.The phenomenon of unnecessary repetition still exists in local legislative practice,and there are still difficulties in the regulation of unnecessary repetition.The crux of unnecessary duplication of my country’s dust pollution prevention and control legislation lies in the lack of detailed departmental responsibilities,the lack of detailed supervision and management legal systems,and the lack of specificity in prevention and control measures.Unnecessary repetition of legislation on the prevention and control of fugitive dust pollution will have the adverse effects of insufficient pertinence of legislative texts,unfavorable law enforcement of territorial fugitive dust pollution,insufficient judicial application and possible increase of law-abiding obligations.There are four main reasons for unnecessary duplication of dust pollution prevention and control legislation.First,the administrative department dominates environmental legislation and the interests of the department.Second,the lack of opportunities for training legislative skills and legislative abilities and the tendency of legislative conservatism.Third,insufficient legislative research and insufficient understanding of dust in the administrative region.Fourth,the absence of local regulations on the prevention and control of dust pollution at the provincial level leads to insufficient vertical coordination mechanisms.To deal with the unnecessary duplication of legislation on the prevention and control of dust pollution,there are four main ways to break through: first,to refine the parts that overlap with the higher-level laws,not only to refine the responsibilities of departments,but also to refine the relevant legal systems for supervision and management.Second,to make targeted regulations for the parts that overlap with the same law,it is necessary to enhance the autonomy of local legislation on dust pollution prevention and control,strengthen research and build dust pollution prevention and control legislation led by the National People’s Congress;Advance legislation to explore the joint prevention and control mechanism of regional dust pollution.Third,coordinating legislation at the provincial and municipal levels and exploring a hybrid legislative model can elevate the repetitive and similar content of municipal legislation to provincial legislation,so as to solve the current situation that some localities cannot rely on,and it is also beneficial for districts and cities to highlight localities.feature.Finally,overcoming the problem of unnecessary repetition of legislation also requires the guarantee of a legislative review mechanism and a legislative evaluation system.The legislative review of unnecessary repetition should be carried out under the guidance of the principles of scientificity and reality,and legislative evaluation should also improve the prevention of repetition of homologous laws level of attention.