我国机动车污染防治法律问题初探

Probe into the Legal Problems of Motor Vehicle Pollution Prevention in China

机动车污染从根本上伴随着机动车及相关产业发展过程中的政府监管与市场失灵而产生,并日益成为我国大气污染的主要来源之一。目前,机动车污染防治法律体系虽已初具规模,但仍存在可操作性不足、缺乏对相关利益冲突的有效平衡、实施效益较低等较多不足。着眼于机动车污染防治问题的根本解决,应当在厘清"机动车产业发展与环境保护""政府、企业和消费者""油路车"等机动车污染防治各利害因素间关系的基础上,探索建立国家专门立法、区域协同立法、地方精细立法相结合的立法模式,加强机动车污染防治的法律制度供给。同时,建立起覆盖机动车污染防治油、路、车各环节的新型执法机制,填补我国机动车污染防治的执法监管空白。

Motor vehicle pollution is fundamentally accompanied by government and market failures in the development of motor vehicles and related industries,and has increasingly become the main source of air pollution in China. At present,although the legal system for motor vehicle pollution prevention and control has begun to take shape,there are still many deficiencies such as insufficient operability,lack of effective balance of relevant conflicts of interest,and low implementation efficiency. Focusing on the fundamental solution to the problem of prevention and control of motor vehicle pollution,it should be based on clarifying the relationship between the various factors of motor vehicle pollution prevention and control,such as "motor vehicle industry development and environmental protection","government,enterprises and consumers",and "oil road vehicles". To strengthen the legal supply of motor vehicle pollution prevention and control,and explore the establishment of a legislative model combining national special legislation,regional synergy legislation,and local fine legislation. At the same time,a new law enforcement mechanism covering all aspects of motor vehicle pollution prevention and control of oil,roads and vehicles was established to fill the gap in law enforcement supervision of motor vehicle pollution prevention and control in China.