Soil Pollution Prevention Law Policy Analysis

This paper gave a briefing on the situation and soil pollution law the concept of policy for the entire demonstration provided a background paper, and then passed on soil pollution prevention and control of the administrative system and the legislative analysis of the status quo, by improving the soil pollution control proposals, Finally, from the law school policy aspects of the management system and a demonstration of legislation.The article is divided into five chaptersThe first chapter of policy analysis and the reality of the law introduced the concept of school policy.As soil pollution sources of diversity to outline the type of norms, it is much more important. This requires the full realization of norms by the presentation of multiple acts of goals, without any Pianfei a goal, then, in the implementation of the outline purpose in the process of the executive branch alone it is necessary to determine the priorities and comparative measure of judgement. Under such circumstances, the law on soil pollution prevention and control of policy analysis it is very necessary.The so-called law school policy, from the perspective of the meaning of decision theory Reconstruction and titration with the existing system is linked to design a legal system or rules, which control the public face in today's social problems, social problems, or provide solutions These problems of various methods, strategies, or on the way to the legal meaning of decision strategy to provide proposals, in particular the departments in the performance of the policy can meet the needs of socio-economic and cultural development. In formulating policy is to balance the interests of conduct, and to consider relevant factors, to resolve what needs to be done, the ability to do what is the problem, that is, efficiency and fairness. Chapter II is China's soil pollution prevention on the status of administrative management system and analysis.First of all, soil pollution prevention and control of the administrative system status from the central government departments and local government departments on two aspects. Central Government departments of environmental protection administration departments, land and resources administrative departments, administrative departments of agriculture, water resources administrative departments of the relevant legal provisions of the management rights were introduced. Local government departments have also done a brief introduction.And the status of the issue, raised three issues. The first is the soil pollution prevention and management too much authority among the various departments of not clear, unified management and the second is in charge of departments and departments in charge of the relationship between uncertainty and the third is the supervision and management system is not sound public participation, particularly in. Chapter 3 is China's soil pollution prevention and control the legislative status quo and problems ofFirst on soil pollution prevention and control the status quo in the legislation was introduced. From the "Constitution", "Environmental Protection Law" and administrative regulations, departmental regulations and regulatory documents on soil pollution prevention and control requirements, local laws, regulations and regulatory documents on soil pollution prevention provisions of the relevant soil pollution prevention Standards and monitoring norms, these five aspects of the analysis of the soil pollution prevention and control of the relevant provisions.Next on the legislative status of the existing problems. Mainly in the following questions: 1 can not meet the protection of public health and the environment for sustainable development, lack of integrity of the two soil pollution prevention and control legal system, the three agricultural soil pollution prevention and control of the systemic lack of provisions, the relocation of four enterprises in the prevention of soil pollution Regulations on Management of the missing, 5 of contaminated soil removal and repair of the provisions of imperfections, 6 soil pollution prevention and environmental protection standards do not improve the soil.Chapter IV is to improve the soil pollution prevention and control advice Key recommendations are a perfect soil pollution control laws, regulations and draw up a "Soil Pollution Prevention Law", 2 healthy soil pollution prevention and control of the management system and management system, improve the soil 3 contaminated soil pollution prevention and restoration of the legal system, further defined 4 Units and individuals in the soil pollution prevention and control rights and obligations, establish a sound mechanism for public participation, 5 to further improve the accountability mechanism, improve soil pollution disputes with the relief program, six seriously implement the soil environmental quality evaluation systemChapter VI of Soil Pollution Control Act policyThe first part is the administrative system in policy analysis. From the relationship between central and local governments, departments and departments of internal relations, public participation in the face of this tripartite system of administration policy analysis.The relationship between central and local governments. In line with the social development and wealth increased, but a good environment for the pursuit of more and more people from far. Therefore, people look forward to countries in achieving economic prosperity and environmental improvement to play its important role in the hope that countries can fully assume the task of achieving the public interest. It is clear that the public interest to achieve this task, we must abandon that country retreat or to limit the negative of state power, and so liberal philosophy, it must be stressed countries do something positive and the need for extensive intervention.Stressed that the Government do something positive and the need for extensive intervention, as the central and local governments have the competence of the problem. The gaps on the issues of state law, local governments can decide on their own tasks. Its range from negative to positive in order to maintain a certain direction toward the area of social order. Asserting that there will be soil pollution prevention and treatment of environmental empowerment entirely on the central practice is undesirable for the participation of local governments is also essential.Between departments and departments of internal relations. The various departments in various fields, only the objective recognition of its departments have their own interests and their departmental interests should also be reflected in legislation and realize, on this basis, to explore how to adhere to its priority of public interest, the overall According to the interests of priorities and what kind of standards and procedures, forms and means by which to achieve the true sense of national interests and the interests of the community. In this understanding, on the basis of clear focus of the EC in charge of departments and between departments within the purview of, and promote integrated and coordinated with the unified professional management. As soil pollution prevention need to control other pollutants will fit better results. Under the present environmental protection departments is not a situation of limited resources, how to allocate resources to cope with various pollution problem has become very important. As the right to use public interest as the goal, to achieve the rational distribution of resources to optimize the effectiveness and prioritization of issues to do long-term planning and preparation. On soil pollution prevention, prevention and treatment of pollutants from all the focus on large-scale system, improve risk assessment system for soil pollution and soil pollution emergency measures system, promote clean production system, strengthen supervision and management system the soil.Public participation. Paradox of the country led to the involvement of the thinking and participation of the legitimacy, if adopted by stakeholders and the relative freedom in accordance with its concessions mean that the way to resolve the conflict of interest, the state and society to achieve the orderly management, To achieve economic development and environmental improvement, then the state should give up on the field relevant regulations. Of course, one advantage of the rule of law must accept the binding, privileges must accept the constraints of democracy, privileges must always accept public interest test. Participating in the environment, balance the interests of both sides in the course of the relative who refused to give the right of participation of the rational side. EU in many countries through the European Union signed an agreement to achieve environmental environment in the administration of public participation. In the process of soil pollution control to fully embody the concept of participatory administration. Soil pollution should be viewed in an integrated ecosystem management concepts and methods, recognizing that soil pollution is related to the whole ecosystem, on soil pollution prevention and treatment should also consider all the main stakeholders, including, of course related to the public.The second part is the law of soil pollution prevention policy thinking. Through efficient, fair, long-term incentive, the enforceability of the four areas for analysis. With the increasingly serious environmental problems, administrative law in the form of social order, have become increasingly prominent role. The role of a social order is future-oriented and comprehensive group of co-ordinated effort to create such a task is often very complex, very vulnerable to the impact of the situation in different periods, so they have very significant uncertainty, and order the state mandate Different, in thinking can not predict, then the law can not carry out all-encompassing requirements. This decision of the modern executive in the face of people's various stakeholders confrontation, on the one hand to work for the adjustment of interest law to regulate the formation and implementation process, on the other hand, must be based on strong policy judgement to adjust the benchmark interest. Therefore, we must abandon the so-called law where no express provision shall not be bound machinery of the principle of the rule of law, based on the needs of the public interest to make policy judgments. These fully embody the essence of administrative law is discretionary, and the need for a discretionary basis, the following four points for reference.Efficiency of the benchmark, we use some kind of indicators will need to address the problem of all costs associated with quantify it with various types of decisions brought about by the proceeds to compare, choose one of the most inexpensive, as a legal system design The foundation.First of all equity base is a moral issue, it mainly concerned about how the distribution among the members of the community in environmental quality resulting from the costs and benefits. At the policy level, the legitimacy of expression, access to the majority of people support the issue.Long-term incentive in the research environment policy, government departments should not only concern the performance and motivation, because of environmental policy is formulated by these departments, but also to individuals and organizations can have a strong incentive to reduce the environmental damage they are looking for a new Methods.Implementation of environmental policies need to put in resources, and there are always those resources to other uses, which have opportunity costs. If the high costs, environmental authorities will choose to re-allocation of resources.In short, this article on soil pollution prevention and control of the administrative system and legislation in the analysis, improving the soil pollution prevention and control of a number of proposals and policies from the law school to provide theoretical support. Of course, this one only a limited tool of theory and research, it is inevitable Guayilouwan, hoping to give recommendations to improve the theoretical support.