CERCLA And Its Experience In The Soil Pollution Prevention Legislation Of Our Country

Nowadays, Soil Pollution is a serious problem in our country. Soil pollution goes worse and it comes to be a big hinder of Sustainable development of our industry and Agriculture. It is also a great challenge to our economic construction and development. Scholars of our country have already recognized the importance of Soil Pollution Control. Then, they begin to seek the effective ways to solve the problem actively. In the 1950s and 1960s of the last century, There were Agriculture Legislation and other relevant soil protection laws in Developed countries. These laws become perfect with the progress of society. And it formed a Scientific system of Soil Pollution Control. The good experience is worth studying.This paper is aimed at seeking the System and Measures on soil pollution control in America by Analysing CERCLA and other Supplementary laws. It absorbs the Highlights of CERCLA selectively in the soil pollution prevention legislation of Our Country on the base of that analysis.This paper is divided into four parts:The first part is the production and development of soil pollution prevention and Soil Pollution Control Act. This section presents the concept of soil pollution, the causes of soil pollution and the serious results of various countries and the practice of soil pollution Control and significance. At the same time, introduction of the production and development situation of soil Pollution Control Act.The second part is about our soil pollution control building situation. This section sets out our soil Pollution Control Act and the formation of the development stage. Introduction of soil pollution control legislation status quo, relevant laws and regulations as well as the achievements of local legislation in this area. Also , it gives the general evaluation About China's Soil Pollution Control Act status.The third part is the advanced United States Soil Pollution Control Act. It introduces the earlier and improving CERCLA, and analyses the progress during its growth. It shows features of the law -- super fund and its international influence. These advanced experience provide a basis for our legislation on soil Pollution Control Act.Part IV is studying CERCLA to legislate our Soil Pollution Control Act. This is the main part of the paper. Also, It is the innovation part of the paper. The major job of this part is proposing to construct the Soil Pollution Control Act following CERCLA. This part tells the need for pollution control and defines the basic structure of soil pollution control act. We should se up related, unlimited, non-retroactivity principle of liability in light of China's basic national conditions and soil pollution in Soil Pollution Control Act of China , make sure our clean governance procedures and measures to clear pollution soil. Based on the analysis of CERCLA, the legislative principle of soil pollution Control should be coherence to other principles of environment law. The principles of our soil pollution control act should be who pollution who pay principle, the principle of public participation , the prevention and treatment principle. We should establish soil pollution prevention fund system, assess system of soil danger rating, to soil pollution emergency management system, pollution soil treatment system and so on. It could provide protection on the work of soil pollution control.