Soil Pollution Control Law Investigation

This paper is written under the background of the general survey of soil pollution all over the country and tries to construct our country's legal system for preventing soil pollution by introducing advanced foreign legal system of soil pollution control and analyzing the current legal system of the soil pollution control.This paper is divided into four parts except the introduction and conclusion.The first part discusses the general ideas for the prevention of soil pollution. Based on the expositions of the definition of soil pollution, its characteristics and cause, and the harmful effects, this part demonstrates the necessity and feasibility of soil pollution prevention by law.The second part introduces the foreign legal system of soil pollution control. After the brief introduction of some foreign nations'and China Taiwanese legal systems of soil pollution control, this part describes in detail the Japanese and American legal systems of soil pollution control. The Japanese and American advanced legal systems give lots of enlightenment to the academic field of our country and has played a crucial role in the enactment of the law for the prevention and control of soil pollution.The third part discusses China's existing relevant laws and regulations for the prevention and control of the soil pollution. This part demonstrates the possibility of the establishment of the soil pollution control act in our country by introducing the existing relevant laws and regulations. However, the deletion and problems of the existing legal provisions and will be the focus of the coming legal system of soil pollution.The fourth part is the core. This part will put forward some ideas about the construction of China's legal system of oil pollution. The author demonstrates the framework for the legal system of soil pollution prevention and control by explaining ideally the guiding ideology, the basic principles, as well as the basic system soil pollution prevention and control. The guiding ideology include: Attach most important to people, making the entirment harmony; defending combines to furthering; Comply strictly. The basic principles include: Durative using; Environmental peace; Pin on the person who pollute; Participate in the prevention and control of soil pollution. Legal system include: Governmental duty; The fund on the prevention and control of soil pollution; Encouragement and punishment; The blacklist of corporation; Legal duty; Open to information; Lawsuit.This paper discusses the characteristics of soil pollution and introduces China's relevant laws and regulations on the basis of the empirical analysis, which not only replenish the theoretical basis of the soil pollution control legislation but also scientifically and reasonably construct the soil pollution control act. We look forward to doing our best to prevent and control soil pollution.