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Analysis of the Legal Governance Status and Improvement Measures of Smog Pollution Control in China


Affiliations
1 Law School, Anyang Normal University, Anyang, Henan, 455000, China
 

Exacerbating smog weather has been considered a major environmental problem threatening China's sustainable development. As such, the Chinese government has initiated environmental efforts to solve this problem. Smog pollution can be legally managed by improving environmental protection standards, increasing environmental illegal costs, and enhancing the construction of environmental responsibility mechanisms. This paper focuses on the legislation status of smog pollution control at national and regional levels and analyses the limitations of the current legal measures. Legal strategies on smog pollution control are proposed on the basis of governance standards, pollution detection, legal liability, and public participation. Results indicate that many laws in China have recognized smog pollution and provided legal governance action plans and local regulations corresponding to national guidelines. Nevertheless, smog pollution control is associated with several problems, including outdated legislative philosophy, inefficient prevention and treatment policy planning, and enterprises' insufficient social responsibility. Therefore, relevant policy suggestions are proposed in this study on the basis of four aspects: enhancing the evaluation system conforming to ecological civilization construction requirements; comprehensive promotion of emission trading system; improving public participation system; and building smog monitoring and early warning mechanisms. This study provides a basis for the proper determination of legal regulation status and smog-related problems in China and for the development of updated legal governance measures.

Keywords

Smog Pollution, Legal Governance, Public Participation, Improvement Measures.
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  • Auerbach, I. L. and Flieger, K. 1967. The importance of public education in air pollution control. Journal of the Air Pollution Control Association, 17(2): 102-104.

  • Chen, T. C. and Lin, C. F. 2008. Greenhouse gases emissions from waste management practices using Life Cycle Inventory model. Journal of Hazardous Materials, 155(1-2): 23-31.

  • Jutze, G. A. and Gruber, C. W. 1962. Establishment of an intercommunity air pollution control program. Journal of the Air Pollution Control Association, 12(4): 192-194.

  • He Yiping and Wang Huiqin 2015. Effective supervision mechanisms of local government in haze governance. Journal of Chongqing Jiaotong University (Social Sciences Edition), 15(3): 5-8.

  • Hodges, J. L. 1952. The Role of the city in air pollution. Air Repair, 2(2): 17-21.

  • Hu, Xueping and Liang Yulei 2015. Policy options for controlling haze based on the inspiration of pigouvian tax and pollution rights. Science and Technology Management Research, 35(8):220-226.

  • Mushkat, R. 2014. Environmental cooperation in Southeast Asia: ASEAN’s regime for transboundary haze pollution. Melbourne Journal of International Law, 15(1): 236-255.

  • Roesa, N. 2011. The ASEAN agreement on trans-Boundary pollution in relation with Indonesian haze, compliance in theory and practice: 452.

  • Qian, Z. and Liu, J. 2015. Ethical reflection on the responsibility of environment governance-based on the comparison and analysis of the governance of fog and haze in China and other countries. Journal of University of Science and Technology Beijing (Social Sciences Edition), 31(3): 012.

  • Stuart, A. L., Mudhasakul, S. and Sriwatanapongse, W. 2009. The social distribution of neighborhood-scale air pollution and monitoring protection. Journal of the Air & Waste Management Association, 59(5): 591-602.

  • Song Yixin, 2015. The enlightenment from the evolution of international carbon finance legal system to the haze governance in China. Ecological Economy, 31(2): 44-49.

  • Varkkey, H. M. 2009. Indonesian perspectives on managing the ASEAN haze. Journal Sarjana Jilid, 24(1): 83-101.

  • Wagner, W. C. 1953. The role of industry in air pollution. Air Repair, 2(3): 122-124.

  • Wiel, S. 1972. Evaluating local air pollution control administration effectiveness. Journal of the Air Pollution Control Association, 22(6): 437-443.

  • Yang, Tuo and Zhang Dehui 2014. Haze governance experience of London and the enlightenments. Contemporary Economy & Management, 36(4): 93-97.


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  • Analysis of the Legal Governance Status and Improvement Measures of Smog Pollution Control in China

Abstract Views: 191  |  PDF Views: 1

Authors

Mingdang Li
Law School, Anyang Normal University, Anyang, Henan, 455000, China

Abstract


Exacerbating smog weather has been considered a major environmental problem threatening China's sustainable development. As such, the Chinese government has initiated environmental efforts to solve this problem. Smog pollution can be legally managed by improving environmental protection standards, increasing environmental illegal costs, and enhancing the construction of environmental responsibility mechanisms. This paper focuses on the legislation status of smog pollution control at national and regional levels and analyses the limitations of the current legal measures. Legal strategies on smog pollution control are proposed on the basis of governance standards, pollution detection, legal liability, and public participation. Results indicate that many laws in China have recognized smog pollution and provided legal governance action plans and local regulations corresponding to national guidelines. Nevertheless, smog pollution control is associated with several problems, including outdated legislative philosophy, inefficient prevention and treatment policy planning, and enterprises' insufficient social responsibility. Therefore, relevant policy suggestions are proposed in this study on the basis of four aspects: enhancing the evaluation system conforming to ecological civilization construction requirements; comprehensive promotion of emission trading system; improving public participation system; and building smog monitoring and early warning mechanisms. This study provides a basis for the proper determination of legal regulation status and smog-related problems in China and for the development of updated legal governance measures.

Keywords


Smog Pollution, Legal Governance, Public Participation, Improvement Measures.

References