| Today, heavy air pollution has become an issue of great public concern in China. Although China has already established standardized normative and institutional systems of haze emergency response, two big problems remain to be solved:one is the inadequate protection of the right to health, and the other is excessive infringements upon citizens' property rights and freedoms. Because of the structural difference between the mechanisms of haze formation and traditional right infringements, the administrative emergency power, which derives from the traditional public law system, is ineffective in supervising and restricting the government behavior in emergency response to heavy air pollution. Based on the theory of state environmental protection obligation, more targeted analysis of haze emergency response can be carried out from the two perspectives of effect and discretion. In view of the fact that currently the heavy air pollution emergency plans of some cities are not in line with the requirements of state environmental obligations, it is necessary to carry out judicial review on the conditions and measures in such emergency plans in accordance with the Administrative Procedure Law revised in 2014, so as to monitor and correct through judicial channels the improper provisions in these emergency response plans. |
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