汽车尾气污染防治法律控制研究
发布时间:2018-12-07 16:34
【摘要】: 从世界范围看,大部分城市空气污染的重大因素是汽车尾气。汽车尾气中含有一氧化碳、氧化氮以及对人体产生不良影响的其他一些固体颗粒,尤其是含铅汽油,对人体的危害更大。而随着生活水平的提高,汽车的保有量也是逐年在提高,汽车产业也成为很多国家的支柱产业,环境污染和汽车产业发展的矛盾日益严峻,依法有效的控制汽车尾气已经提上日程。在我国现行法律中,对尾气依法控制的法律法规还十分缺乏和零乱。特别是没有形成一个有效的依法控制的体系,这样不利于控制汽车尾气,也不利于改善大气环境。 尾气来源于汽车,我们必然是通过控制汽车的整个流程,才能彻底地控制尾气。本文从汽车尾气污染的现状和依法控制的必然性着手,从汽油车生产阶段开始,到销售、使用、管理等几个阶段阐述了我国现有的法律控制状况和对汽车尾气排放进行法律控制的完善。生产阶段主要是包括汽车和燃油的市场准入制度,符合国家的排放标准;销售阶段主要是通过对汽车购置税进行税法控制,改革一刀切的购置税制度,通过浮动的购置税引导消费者购买小排量的汽车;使用阶段主要是谈现行养路费的问题和开征燃油税,科学、合理的燃油税会极大的控制尾气的排放;而管理阶段主要是探讨交通法律控制制度、汽车尾气排放法律监管制度以及汽车报废和回收法律控制制度。这样就从法律制度上全程控制汽车的尾气排放,从而不断完善现今整个汽车的法律控制制度,真正达到依法控制汽车尾气排放。希望能对我国目前日益严重的空气污染做出一些贡献。
[Abstract]:Worldwide, the major cause of air pollution in most cities is automobile exhaust. Automobile exhaust contains carbon monoxide, nitrogen oxide and other solid particles that have adverse effects on human health, especially leaded gasoline, which is even more harmful to the human body. With the improvement of living standards, the number of cars is also increasing year by year. The automobile industry has become a pillar industry in many countries. The contradiction between environmental pollution and the development of automobile industry is becoming increasingly severe. It has been put on the agenda to control automobile exhaust effectively according to law. In the current law of our country, the laws and regulations which control the tail gas according to law are still very lack and disorder. In particular, no effective legal control system has been formed, which is not conducive to the control of vehicle exhaust and the improvement of the atmospheric environment. The exhaust gas comes from the automobile, we must control the whole process of the car, can completely control the exhaust gas. This paper starts with the current situation of automobile exhaust pollution and the inevitability of controlling it according to law, starting from the production stage of gasoline vehicles, to selling and using, The current situation of legal control in China and the perfection of legal control of automobile exhaust emission are expounded in several stages of management. The production phase consists mainly of a market access system for vehicles and fuel, consistent with national emission standards; The sale stage is mainly through the tax control of auto purchase tax, the reform of the one-size-fits-all purchase tax system, and the introduction of floating purchase tax to guide consumers to buy small cars. The main stage of use is to talk about the current road maintenance fee and the introduction of fuel tax, scientific, reasonable fuel tax will greatly control the emission of exhaust gas; The management stage mainly discusses the legal control system of traffic, the legal supervision system of automobile exhaust emission and the legal control system of car scrapping and recycling. In this way, the vehicle exhaust emission can be controlled in the whole process from the legal system, so that the legal control system of the whole automobile can be improved continuously, and the vehicle exhaust emission can be controlled according to the law. Hope to make some contribution to our country's increasingly serious air pollution.
【学位授予单位】:山西财经大学
【学位级别】:硕士
【学位授予年份】:2008
【分类号】:D922.68
本文编号:2367468
[Abstract]:Worldwide, the major cause of air pollution in most cities is automobile exhaust. Automobile exhaust contains carbon monoxide, nitrogen oxide and other solid particles that have adverse effects on human health, especially leaded gasoline, which is even more harmful to the human body. With the improvement of living standards, the number of cars is also increasing year by year. The automobile industry has become a pillar industry in many countries. The contradiction between environmental pollution and the development of automobile industry is becoming increasingly severe. It has been put on the agenda to control automobile exhaust effectively according to law. In the current law of our country, the laws and regulations which control the tail gas according to law are still very lack and disorder. In particular, no effective legal control system has been formed, which is not conducive to the control of vehicle exhaust and the improvement of the atmospheric environment. The exhaust gas comes from the automobile, we must control the whole process of the car, can completely control the exhaust gas. This paper starts with the current situation of automobile exhaust pollution and the inevitability of controlling it according to law, starting from the production stage of gasoline vehicles, to selling and using, The current situation of legal control in China and the perfection of legal control of automobile exhaust emission are expounded in several stages of management. The production phase consists mainly of a market access system for vehicles and fuel, consistent with national emission standards; The sale stage is mainly through the tax control of auto purchase tax, the reform of the one-size-fits-all purchase tax system, and the introduction of floating purchase tax to guide consumers to buy small cars. The main stage of use is to talk about the current road maintenance fee and the introduction of fuel tax, scientific, reasonable fuel tax will greatly control the emission of exhaust gas; The management stage mainly discusses the legal control system of traffic, the legal supervision system of automobile exhaust emission and the legal control system of car scrapping and recycling. In this way, the vehicle exhaust emission can be controlled in the whole process from the legal system, so that the legal control system of the whole automobile can be improved continuously, and the vehicle exhaust emission can be controlled according to the law. Hope to make some contribution to our country's increasingly serious air pollution.
【学位授予单位】:山西财经大学
【学位级别】:硕士
【学位授予年份】:2008
【分类号】:D922.68
【参考文献】
相关期刊论文 前3条
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3 何远成;李忠原;;燃油税对我国物流的影响浅析[J];物流技术;2007年01期
,本文编号:2367468
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