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

摘要

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 Nevertheless, smog pollution control is associated with several problems, including outdated legislative philosophy, inefficient prevention and treatment policy planning, and enterprises' insufficient social responsibility.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.