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The Legal System on Curbing the Exhaust Pollution by Automobiles in Hong Kong and Its Implications for Mainland China

Author: AnZuoZuo
Tutor: LiGuangLu
School: Shandong University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: the exhaust pollution the legal System the environmental protection
CLC: D922.68
Type: Master's thesis
Year: 2008
Downloads: 52
Quote: 0
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Abstract


While automobiles have considerably increased the efficiency of transportation, it has also generated a lot of harm to people’s health and the atmosphere quality. In Mainland China, the amount of automobiles has been enlarged substantially. However, because its existing statutes on exhaust discharge by automobiles are porous; the environmental protection devices equipped with its automobiles are outdated or even absent; the conditions of its roads are generally bad and its law enforcement is lax, exhaust pollution by automobiles has been severe. Even though the Hong Kong Special Administrative Region (Hereinafter "HKSAR") experienced this stage as well during its process of modernization and industrialization, it has effectively controlled and ameliorated that situation by means of establishing a well-functioned legal system on controlling exhaust discharge by automobiles.Through observing the legal system on controlling exhaust discharge of HKSAR, the author has figured out its efficacy is closely related to the whole legal framework on environmental protection in HKSAR, which is comprised of multi-agency’s participation, directly vertical hierarchy and social monitoring and is on the basis of the three principles respectively named administrative orientation, regulation under law and cooperation between government and enterprise. With regard to the legal system on controlling exhaust discharge of HKSAR, it consists of relevant statutes as benchmark, diverse regulation measures and economic incentive approaches. In comparison with this system, the author has found the counterpart in Mainland China is fairly immature in the aspects of legislation, legal enforcement and judiciary. Therefore, with a functional convergence attitude toward the model of HKSAR, the author propose the Mainland should improve its system by bettering statutes and regulation, traffic regulation, taxation design, and environmental protection consciousness of citizens.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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