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Shanghai legislation set strict responsibility to combat air pollution
Author:sehenstar  Source:SeHenStar  Pubtime:2014-09-29 15:44:48  Click:1021
Don't know when to begin, during holidays, when many people travel photography, in addition to local food, beautiful scenery, but also will attach a photo of the blue sky now and then. Even in Beijing and other places, even in normal times when the weather is fine, netizens also started "Sun blue sky." This "Sun blue sky" behind the rise, is undoubtedly the harsh realities of air pollution prevention and control in China and the general public eager for sky.

Recently, the legal daily reporter from local legislation in the 20th national seminars organized in Shanghai was informed that, on July 25, the 14 session of the 14th meeting of the Standing Committee of Shanghai the Shanghai air pollution control Ordinance, without a vote. This lasts for 9 months of air pollution prevention and control legislation was finally settled. As the local regulations in force in Shanghai one of largest number of provisions, total 108 articles in eight chapters of the Ordinance, including collaboration in Yangtze River Delta regional air pollution prevention and control legislation and practice a strict responsibility system were the two bright spots.

People living in the Yangtze River Delta region in early November and mid-December of last year that severe smog in our memory. This field is known as the worst smog day hit most parts of the country, the Yangtze River Delta region was the hardest hit, all 13 cities of Jiangsu Province is badly polluted, Nanjing published pollution Orange alert for the third time in a year.

With the breath, a common fate. In terms of air pollution control, the Yangtze River Delta areas for interregional cooperation, through local legislation to solve the haze problem, becomes an urgent problem. As China's most developed economy, the economy's largest and most promising area, the Yangtze River Delta area is also one of the more prominent areas of air pollution in China. High concentration of pollutant emissions in the region, and regional characteristics of atmospheric pollution, urban air pollution change process presents a significant synchrony. Features such as liquidity, the complex causes of air pollution, highlighted the importance of joint control of atmospheric pollution. Successful experience at home and abroad also shows that address regional air pollution problem, regional joint-control measures must be taken as soon as possible, which requires strengthening sectoral cooperation, deepening the Union of air pollution prevention and control Department and region linkage.

In September 2013, the State Council issued the "action plan for air pollution prevention and control" (ten) put forward "towards Beijing, Tianjin and Hebei, Yangtze River Delta regional air pollution prevention and control cooperation mechanism." According to the CPC Central Committee and the State Council requirements, provinces of Jiangsu, Zhejiang, Anhui and Shanghai Municipal Government and the Ministry of environmental protection and other countries earlier this year, the eight ministries started in Shanghai Yangtze River Delta regional air pollution prevention and control cooperation mechanism and cooperation mechanism in the region coordination group held its first meeting held on January 7 this year, specifically in the Yangtze River Delta Air pollution prevention and control principles and concrete plans for collaboration. Conference also adopted the statutes of the collaborative group work, to determine the "integrated and shared responsibility, in consultation, information sharing and joint control" principles of collaboration was established to consult, cooperate, share linkage and collaboration and tracking evaluation system of science and technology.

Group members also jointly develop implementing rules of the plan of action for the implementation of air pollution control in Yangtze River Delta and regional air quality improvement target is clear and important governance roles. Rules for the implementation of a comprehensive implementation of the plan of action for the prevention of air pollution of the State Council's requirements, snug in Yangtze River Delta development reality, embodies the integration features of development and take the lead in reforming the economic and social environment.

Use this as an opportunity, in May this year, three provinces of Jiangsu, Zhejiang, Anhui and Shanghai Municipal People's Congress Law Committee leading comrades in charge of relevant experts, in Shanghai, the Yangtze River Delta regional air pollution prevention and control legislation demonstrate the issues related to collaboration, and reached important consensus. Believe four people's Congress, coordinated, complementary legislative collaboration collaboration of local legislation more in line with current reality. By mutual agreement between the three provinces and one municipality to determine a model of text articles, in statements to the local legislation may have personal differences, resulting in several different versions of the legislation, passed by the Standing Committee considers all over, are implemented within their respective administrative areas. Joint negotiation of air pollution prevention and control cooperation mechanism including in Yangtze River Delta regional anti-air pollution levels is institutionalized collaborative mechanisms in place legislation, advancing three provinces and one city in energy conservation, emissions reduction and pollution emissions, access and elimination of environmental standards, such as the progressive and docking, strengthening air pollution warning linkage, communication and information sharing and emergency coordination, and so on.

The Shanghai passed the sixth chapter nine provisions of the air pollution control in Yangtze River Delta cooperation, whose contents are in the Yangtze River Delta regional anti-air pollution identified by the collaborative group: first working model on the basis of further air pollution in Shanghai real final form.

In legislative work, not only to make the right, but also to State responsibility. Conferred on the executive authorities the powers and means necessary, and intensify supervision and clear statutory obligations, so that people can enjoy the legislative system brought dividends dividends and the rule of law. The Shanghai introduction the strictest regulations concerning the implementation of the accountability system, becoming one of the highlights. For example, many opinion during the review process and increase penalties to enhance current enforcement of environmental and pollution control work, accordingly, greatly increasing the maximum fines, discharge without a license that seriously pollutes the Atmospheric Environment Act fines of up to 50,000 yuan to 500,000 yuan.

Newly revised environmental protection law provides that illegally discharge pollutants according to the consecutive daily fines system, substantially aggravated the environmental liability of offenders. Meanwhile, local regulations can be based on the actual needs of environmental protection is also empowered, increasing by type of consecutive daily fines for violations. Shanghai municipal spending most of this legislative mandate, sets out the system of consecutive daily fines, to create the atmosphere and increase penalties for environmental violations committed.

"Double punishment" to sanction illegal persons, is an innovation for the Shanghai legislation. Regulations were set for five categories of acts of individual responsibility: is a contravention of the regulations of environmental pollution accidents; the second is excessive sewage in violation of regulations; the third is without a license in violation of regulations of sewage; four are super total pollution in violation of regulations; five are refusing to carry heavy pollution in violation of regulations of temporary control measures under the weather.

Over the years, according to the social harm results to determine the punishment of violations, environmental law enforcement there are operating in difficulty. In view of this situation, originally by the Shanghai implementation of People's Republic of China regulations the air pollution prevention law violations can be punished by "penalty", for example, motor vehicles emitting black smoke visible punishment system. Practice has proved that to smoke such obvious acts of excessive emissions, penalty punished more than the result can enhance the law enforcement operation. Therefore, the scope of the Shanghai Municipal People's Congress acts penalized further expanded provision boats, boilers, furnaces, and penalties directly once the black smoke.

It is worth mentioning that, after this Bill to the Standing Committee for its consideration, together with relevant departments to go through the articles of the draft, System considering incompleteness of legal accountability gap has been perfect. Such as, for enterprise using not meet related standard of high pollution fuel of, not keep normal using air pollution real processing facilities or unauthorized demolition, and idle the facilities of, motor vehicle exhaust processing device not keep normal using of, using no environmental test qualified logo or was identifies for high pollution of vehicles engaged in road transport operating of and operating site of rental who not tie environmental law enforcement survey of behavior, in eventually through of regulations in the are increased has corresponding of legal responsibility provides.
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