It is understood that since its enactment in 1987, the Air Pollution Prevention Law has been amended twice in 1995 and 2000, and this is the third amendment. There are eight chapters and 129 articles in the revised Air Pollution Prevention and Control Law. In addition to the general provisions, legal liabilities and supplementary provisions, the revised Air Pollution Prevention and Control Standards and the Planning for the Achievement of the Standards within the Time Limits, the supervision and management of the prevention and control of air pollution, the measures for the prevention and control of air pollution, and the joint prevention and control of air pollution in key areas are stipulated respectively. Compared with the six chapters and 66 before the amendment, the revised contents have Many. So, what are the differences between the revised Air Pollution Prevention and Control Law?
Straightening out the ideas of prevention and control of air pollution
At a press conference held on the afternoon of August 29 in the office of the Standing Committee of the National People's Congress, Tong Weidong, deputy director of the administrative law department of the Legal Work Committee of the Standing Committee of the National People's Congress, pointed out that the Air Pollution Prevention and Control Law was the first single law amended after the adoption of the new environmental protection law, which mainly reflected four aspects of progress.
The first is to improve the quality of the atmospheric environment as the goal, strengthen the responsibility of local governments, strengthen the supervision of local governments.
The Law on the Prevention and Control of Atmospheric Pollution clearly states that the competent department of environmental protection under the State Council can assess the provincial government, and that the provincial government can formulate measures to assess the local objectives for improving the quality of the atmospheric environment and the accomplishment of the key tasks of the prevention and control of atmospheric pollution. At the same time, cities that fail to meet the standards should formulate plans to meet the standards within a time limit, report to the people's congresses at the same level, and strengthen the responsibility of local governments in environmental protection and air quality improvement.
The second is to adhere to the source governance, and improve the relevant system from the perspective of promoting the transformation of the mode of economic development, optimizing the industrial structure and adjusting the energy structure.
The third is to grasp the main contradictions and solve outstanding problems. Tong Weidong pointed out that the main sources of air pollution are coal burning, industry and motor vehicles, and this method has made specific provisions in these areas, especially for joint prevention and treatment of key regions and response measures to heavy polluted weather.
The fourth is to increase the intensity of punishment. According to Tong Weidong, there are 129 articles in the newly revised Law on the Prevention and Control of Air Pollution, including 30 articles on legal liability alone. A large number of specific and targeted measures have been formulated and punished accordingly. The specific punishment behavior and types are close to 90, which improves the operability and pertinence of this method.
It is reported that the law abolished the capping limit of fines "up to 500,000 yuan" imposed by enterprises and institutions that caused air pollution accidents in the current law, and increased the "daily penalty" provision.
At the same time, the law also makes it clear that if air pollution accidents are caused, the persons in charge directly responsible and other persons directly responsible may be fined less than 50% of their income from their own enterprises and institutions in the previous year. For those who cause general or relatively large air pollution accidents, the fines shall be calculated according to the direct losses caused by pollution accidents more than one time and less than three times; for those who cause major or extremely large air pollution accidents, the fines shall be calculated according to the direct losses caused by pollution accidents more than three times and less than five times.
In addition, Chang Jiwen, deputy director of the Institute of Resources and Environmental Policy of the Development Research Center of the State Council, has publicly pointed out that the newly revised Law on the Prevention and Control of Atmospheric Pollution has straightened out the relationship between the quality of atmospheric environment and the total amount of pollutants discharged, reflecting the scientific nature of legislative logic. He believes that air quality target management should be the core of atmospheric environmental management, while the previous allocation of total air pollutant control indicators was carried out annually, without considering the real-time quality of the atmospheric environment, real-time capacity and real-time emissions of atmospheric pollutants. The revised draft adopted this idea, stipulating that "prevention and control of atmospheric pollution should aim at improving the quality of atmospheric environment", and straightening out the scientific logic of prevention and control of atmospheric pollution.
Focus on Solving the Problem of Pollution Sources
For many cities, vehicle exhaust emissions are an important source of air pollution. Therefore, whether to authorize vehicle restriction is also a hot issue in this revision.
The second revision of the draft Law on the Prevention and Control of Atmospheric Pollution stipulated that the provincial government could stipulate the types, regions and time of restricting the passage of motor vehicles according to the needs of the prevention and control of atmospheric pollution and the pollution situation of motor vehicle emissions. As for this provision, many experts have heatedly discussed and pointed out that at present, although there are some places restricting motor vehicle traffic, the scope is limited to urban areas. People's governments of provinces, autonomous regions and municipalities directly under the Central Government are authorized to stipulate restrictions on motor vehicle traffic. The scope is too large, which will affect circulation and divide the unified market. At the same time, restrictions and prohibitions on motor vehicles are adopted, involving restrictions on citizens'property rights.
In the newly revised Air Pollution Prevention and Control Law, this provision has been deleted. Instead, fuel-fired motorists are encouraged to shut down their engines without affecting road traffic and parking for more than three minutes to reduce atmospheric pollutant emissions.
In response, Chang Jiwen pointed out that the restrictions include compulsory restrictions and restrictions by economic means. The former treats motor vehicles driving in restricted days and restricted areas as illegal acts and punishes them; the latter treats them as legal acts, but only through economic means.