Legal Comments On China's Ecological Agriculture

Today's agricultural operations increase the agricultural output greatly, but those produce significant amounts of environmental pollution. So it is unwise to continue the unsustainable agriculture. In the 1970's, western countries firstly proposed ecological agriculture. Ecological agriculture which is based on the ecological theory, advocated low cost, low consumption. The target is not only the economic well-being, but also the environmental protection.China is a big agricultural country, we also propose the ecological agriculture in the 1980's. At present, China's agricultural situation is not optimistic. Firstly, the extensive mode of agriculture has consumed massive resources, moreover, as a result of massive use of chemical fertilizer and pesticide, the rural environment is polluted seriously. Secondly, during the process of urbanization in rural areas, the township enterprises discharge a lot of pollutant. Thirdly, the city's pollution is transfered into the rural .Finally, the rural is very poor, and the poverty is the largest pollution. Under these circumstances, we must develop ecological agriculture. Ecological agriculture which is balanced the ecological benefit, social benefit and economic benefit, is the best choice for our agricultural modernlization. Simultaneously these situations also give us great challenge to develop the ecological agriculture. So we must establish and improve the legal system of ecological agriculture.Besides the ecological theory and circulation economic theory, we have the ancient agricultural theory. In a way, our ancient agriculture is the practice of eco-agriculture. And the philosophy contained in the ancient agriculture is still meaningful nowadays.The ecological law systems in developed countries are more perfect than ours. From the environment fundamental law to the ecological agriculture law, and then to the legal policy, all has been detail provided. This article mainly cites the ecological agriculture law and regulations condition of the America, Janpan and Poland. Compared to those countries, ours is unperfect. First of all, at the legislative level, our attention focuses on large and medium-sized cities and industries, but does not on the rural and agricultural environment, moreover our country also does not have the ecological agriculture law. There is blank in the legislation, and the agricultural standard is not unified. Then, the law enforcement is ineffective, and rural folk organization is lack or weak. Finally, the ecological agriculture science and technology is not popularized fully, and the rural service system is imperfect.Because of the above reasons, this article mainly proposes the following legal countermeasure. Firstly, at the legislation level, fill law blank, enact the soil pollution prevention law, revises our country "Agricultural Law", "Clean Production Promotion Law" as well as the correlation other laws. Secondly, imprpve ecological agriculture legal system. In the article mainly talks about the ecological compensation system, the agricultural standard system as well as the agricultural industrilization y system..We must enhance the ability of the environmental department ,transform the government's function and use the method which the government intervention togethers with the economy stimulation. It is also important to raise the farmer's ecological consciousness and defend farmer's ecology rights. The government should make the farmer understand the right of the information, participation and relief through propaganda and education, and promote the development of rural non-governmental organizations to act as the spokesmen for farmers in order to express the farmers wishes. The higher ecological awareness the farmers have, the more awareness to defend their rights, and this is advantageous for us to develop the ecological agriculture.