Research on the issues and solutions of China's law of prevention and control of atmospheric pollution

ABSTRACT In recent years, the total amount of air pollutant emissions in China was reduced year by year, but pollution is still very serious, especially in some big cities where the environmental pollution has worsened in the last 20 years. The "Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution" ( LPCAP) was established in 1987. With the development of industrialization and air pollution changes, it had been revised twice in 1995 and 2000.The third revision of the law began in 2009 which was included in the "Eleventh five-year National People's Congress Standing legislative plan" and the State Council's 2009 legislative program. At present, the third revision of the LPCAP is in progress and MEP has completed the manuscript of the revised draft of the law. The purpose of this study is to explore the current situation of China's air pollution, as well as history of LPCAP, analysis of amendments in atmospheric legislation and the achievements of the LPCAP. Combined with China current situation, the research exposed some urgent problems of the Chinese atmospheric legislation which are related to: fã The issues of the regional Total Emission Control (TEC) policy and division. fã The issues of allocation of pollutant emission allowances and trade policy fã The issues of improving the pollution emission permit system. fã The issues of the mobile source emissions management. fã The issues of fuel management. fã The issues of the guarantee measures of the implementation of the LPCAP. In addition, the study compares the LPCAP with the U.S. CAA to offer some solutions for the third revised law and tries to find a fundamental solution for the flaws of China's existing Atmospheric Pollution Prevention legal system to be more Operable. As a result, the gap in air quality in China and the developed countries of the world will be narrowed and China will be better positioned for sustainable development.