Legislation, plans, and policies for prevention and control of air pollution in China: achievements, challenges, and improvements
Air pollution problems in China are related to imperfect legislation and potential integration problems among legislation, plans, and policies from the perspective of legislation, planning, and policy making. Recent English language articles focus on revision of the Air Pollution Prevention and Control Law of China. The purpose of this study is to make the overall system for prevention and control of air pollution in China understood by a broader audience by providing an overview of the pertinent legislation, plans, and policies, since such a review has not been presented so far. At the beginning of this article, we clarify the key definitions of legislation, plan, and policy and establish a preliminary analytical framework for evaluating the integration of legislation, plans, and policies. Then we present a variety of pieces of legislation at national, local, and international levels, including the Constitution, national laws, national administrative regulations and departmental rules, and local regulations and rules that were selected because of their direct and close relation to the prevention and control of air pollution, especially particulate matter. We divide the history of legislation since 1956 into four phases: preceding (1956 1978) beginning (1979 1999) development (2000 2013) and improvement (since 2014) putting emphases on changes in legislation in each phase. We also describe the 12th Five Year Plan for National Economic and Social Development, the 12th Five Year Plan on Prevention and Control of Air Pollution in Key Regions, the Action Plan on Prevention and Control of Air Pollution, and a series of policies on energy conservation, emission reduction, and energy use. We then comment on challenges of defects within the legislation framework and integration problems among legislation, plans, and policies. Finally, we put forward some improvement measures to address the challenges: (1) stipulating special provisions for prevention and control of motor vehicle pollution, (2) empowering local environmental protection bureaus to enforce the air pollutant emission permit system, (3) improving the feasibility of the air pollutant emission trading system, (4) clarifying government responsibility and intensifying penalties, and (5) integrating relations among legislation, plans, and policies.