Legal Research Of China Agricultural Non-point Source Pollution Prevention And Control

Previously, because people on the environmental pollution problem lack the whole understanding, industrial non-point source pollution has been regarded as the main object of controlling environmental pollution. Therefore, countries are taking lots of measures which can manage it and have achieved good results. But to only control industrial non-point source pollution cannot eliminate fundamentally the current severe environmental pollution problem. With China's population growth and the rapid development of economy, a lot of non-point pollutant in widely and constantly deep into all kinds of environmental aspects. Many national research results have showed that now non-point source pollution caused by environmental deterioration is getting more and more serious, and proportion of agricultural non-point pollution is the largest.Because agricultural non-point pollution has the features, for example the dispersion, concealment, uneasy monitoring and it's difficult to quantify, which lead to the prevention and control more difficult than traditional industry. Exploring the grim situation of agricultural non-point pollution source, the author, from economic point, thinks "market failure" and "government failure" are the most essential reasons that result in rural agricultural non-point source pollution increasingly serious.Reference in the successful experience of several developed countries, our country can learn that we should make legislations which need systematism and coordination, and its content must be operable, targeted and stratified and need a variety of administrative means.The laws, regulations and normative documents that we mentioned are really a lot. And they constitute legal basis of controlling the agricultural non-point pollution and play a positive role. But undeniable point is that China's agricultural non-point pollution prevention legislation still exists many shortcomings and defects, for instance, the lack of old and legislative planning etc.In our country, agricultural non-point pollution prevention legislation for the process of the reconstruction, the author thinks that first we should understand its concept of legislation that ensures the legislation idea of agricultural development today, meanwhile, and for the future development, it leaves enough space. In legislation mode, we should make pattern of the hybrid legislation. It means that to formulate a comprehensive agricultural non-point pollution control laws as its target, and according to the features of the agriculture, establish special agricultural non-point source pollution prevention legislation principles. Finally under the guidance of the concept and principles of agricultural non-point sources we have to construct pollution prevention legal system.