Put haze pollution in a cage ruled by law

Recently, there has been serious haze and heavy pollution in Beijing, Tianjin and Hebei. On October 8, Beijing, Baoding and other cities launched the "yellow warning" of heavy pollution weather, and Tianjin launched the "blue warning" of heavy pollution weather; On October 9, Beijing upgraded the early warning level to "orange". According to expert analysis, the heavy pollution in Beijing, Tianjin and Hebei is caused by adverse meteorological conditions and regional pollution. Recently, the persistent southerly wind in North China, the northward diffusion of pollutants and the emission of special pollution sources such as straw incineration are also important factors in the formation of heavy pollution.

Beijing, Tianjin and Hebei have always been the hardest hit areas of air pollution. It is imperative to strengthen the joint prevention, control and control of haze. The fundamental solution is to strengthen the legislative cooperation among Beijing, Tianjin and Hebei and bring the joint prevention, control and control of haze into the track of the rule of law.

The action plan for air pollution prevention and control of the State Council proposes to focus on the prevention and control of areas with serious air pollution such as Beijing Tianjin Hebei, the Yangtze River Delta and the Pearl River Delta, and explore the establishment of a joint prevention and control mechanism. It is suggested that the relevant legislative departments put the legislation on the joint prevention, control and control of haze in Beijing, Tianjin and Hebei on the agenda as soon as possible, seize the time to investigate the joint prevention and control of air pollution control in the region, formulate and promulgate the regulations on the joint prevention, control and control of air pollution in Beijing, Tianjin and Hebei as soon as possible, establish the coordination mechanism of joint prevention, control and control of air pollution in the form of legislation, and clarify the respective scope of responsibilities and corresponding legal responsibilities of the three places in accordance with the law.

Beijing Tianjin Hebei environmental protection cooperation should achieve unified environmental protection legislation and unified regulatory standards to jointly prevent and control environmental pollution. Strengthen the coordination of environmental protection legislation in Beijing, Tianjin and Hebei, formulate regional environmental protection regulations in Beijing, Tianjin and Hebei, such as Beijing, Tianjin and Hebei environmental protection regulations, air pollution prevention regulations and water pollution prevention regulations, and build an integrated pattern of ecological protection in Beijing, Tianjin and Hebei. Based on the common environmental protection objectives, it is necessary to strengthen regional environmental protection legislation, clarify the distribution of responsibilities in the process of regional environmental governance, and establish a regional regulatory system supporting cross administrative environmental governance.

In addition to accelerating regional legislative cooperation, it is also urgent to speed up the revision of the current air pollution prevention and control law. Increasing the punishment for environmental violations will be the key to the revision of the current atmospheric law and the trump card worth looking forward to. Only by raising the illegal cost of enterprises, promoting the internalization of enterprise environmental cost rather than passing it on to the society, and allowing offenders to pay high costs, can we fundamentally reduce the excessive increase of air pollution emissions and fundamentally solve the problems of low illegal cost and high law-abiding cost. For example, there are only two to four charging standards for major pollutants in Beijing and Tianjin. At the junction of Beijing, Tianjin and Hebei, some chemical enterprises may be transferred to Hebei. They would rather pay sewage charges than actively control pollution. This requires a unified punishment standard for violations in Beijing, Tianjin and Hebei.

Revise the current atmospheric law, focusing on improving the systems of total amount control, pollutant discharge permit, emergency early warning and legal liability, study and increase the content of investigating the criminal responsibility of enterprises and their relevant responsible persons who maliciously discharge pollutants and cause major pollution hazards, further strengthen the government responsibility for the prevention and control of large gas pollution, and clarify the government accountability mechanism; It is suggested to adjust the value orientation of legislative purpose, delete the legislative purpose of promoting economic development, and highlight the fundamental purpose of protecting public health and public welfare. Clarify the new mechanism of air pollution prevention and control under the guidance of the government, enterprise governance, market driven and public participation, and implement regional and phased governance in accordance with the principle of who pollutes, who is responsible, more emissions and more burdens, and benefits and compensation for energy conservation and emission reduction; It is suggested to significantly increase the punishment of polluters. The current legal punishment is obviously light. The "starting price" of the fine is 10000 yuan, no more than 500000 yuan, and the deterrent is insufficient. It is suggested to link up with the new environmental protection law, implement no cap on punishment, cancel the provisions on fine limit, and significantly increase the amount of punishment. In order to avoid the rigidity of the existing static calculation method of penalty amount, it is advisable to adopt the dynamic calculation method, delete the one-time economic penalty method, and adopt the daily superposition of penalty amount. It is suggested to clarify the joint prevention and control system of regional pollution in the air law.