The Legislative Research On Prevention And Control For Soil Pollution In China

As an important component of the ecological environment, the soil is one of the major resources for the survival of mankind, and it plays a vital role in the development of social economic. However, with the improvement of agricultural production technology, the development of industrialization and the promotion of urbanization, the soil pollution problem in China is getting worse and worse. But there is no enough attention to the soil pollution problem, as to it has become one of the increasingly serious global environmental problems, and constantly threatens the ecological security and the health of lives, so it's more and more important and urgent to solve the soil contamination problem. From the existing legal system of the environmental and resources protection in China, the relevant provisions of the soil pollution problem are loose and without systems, and special legislation is still a blank for the prevention of soil pollution so far, so there's no effective legal protection provided to the prevention and control of the soil pollution. Therefore, it is necessary to strengthen the research on legal system of soil pollution prevention and control, and improve the administration, the supervision and management system and the legal responsibilities of soil pollution prevention and control.The article is divided into four parts. The first part is an overview of soil pollution, including the content and the characteristics of the soil pollution, the current status of soil pollution in China, the effects of soil pollution for the various elements of the ecosystem, such as air, water, animals and plants, human and economic, the necessity and significance for the legislation of the prevention and control of the soil.The second part is the analysis of foreign status of legislation of soil pollution prevention and control, and mainly introduces the independence and subsidiary legislation models, the independence legislative model is mainly used among Germany, Japan, Korea, the Netherlands, Belgium and the like; the subsidiary legislation model is mainly taken among the United States, Britain, France, Canada, Russia and other countries. The third part is dealing with the three stage history of the legislation of soil pollution prevention and control ,which experienced the budding period, development period, the peak period; the analysis of China's current legislation of soil pollution prevention and control; the differences of the laws of soil pollution prevention and control between China and foreign countries, incluing the content of the law, the limitation of action, the liabilities and the management system; the lack of the legislation of soil pollution prevention and control and its impact and hazards on the ecological environment. The fourth part is dealing with how to build a legal system for soil pollution prevention and control in China, first of all, is the basic ideas to build China's legal system for soil pollution prevention and control, followed by our choice of legislative model of soil pollution prevention and control, and finally on how to improve the related legislation of soil pollution prevention and control, we should add relevant provisions to the "Constitution", "Environmental Protection Law", "the Promotion of Cleaner Production Law", "Water Pollution Control Act" , and improve the pesticides and fertilizers laws, and the legal liability system as well, and revide the " the Environment Control of Solid Waste Pollution Act " and technology legal norms, and the development of " Soil Pollution Remediation Act ", and norms of the ecological agriculture and cycle economic embodied in the soil pollution prevention and control legislation, and so on.