Study On The Legal Regulation Of The Pollution Prevention Of Agricultural Solid Wastes Of China

In recent years, along with the continuous development of the rural economy, theenvironmental pollution is more and more serious. Agricultural solid waste pollutionshould not be disregarded. Now it has been paid attention to by our nation. By2010,the central government will arrange special funds in the next three years of120million Yuan to support rural environmental pollution control, which included thecomprehensive utilization and the pollution prevention of agricultural solid waste. Asound legal system is the important guarantee for the pollution prevention ofagricultural solid waste. Agricultural solid waste pollution is becoming more andmore serious, and there are some laws and regulations about the pollution preventionof agricultural solid waste. So agriculture solid waste pollution prevention has certainlegal basis and the pollution prevention also made some achievements. But in light ofImplementation situation of those laws, the legal regulation of the pollutionprevention of agricultural solid wastes lags behind the social and economicdevelopment and is still not perfect. It has extremely vital significance to perfect thelegal regulation of the pollution prevention of agricultural solid waste for theperfection of the environmental protection law system and the rural environmentalprotection.Firstly, the paper interprets the current legislation about the pollution preventionof agricultural solid wastes, analyze and evaluate the function and the effect of theimplementation of the law from the angle of legal principle. Pointing out that it hasnot achieved ideal result. Secondly, the paper dwells on the existing problems andreasons of the legal regulation of the pollution prevention of agricultural solid wastes.Finally, aiming at those problems the paper mixes up overseas legislation experienceand comes to some advices to perfect the legal regulation of the pollution preventionof agricultural solid wastes. The author thinks that it would be improved in severalfollowing aspects. First, we should renew the legislative idea of the pollutionprevention of agricultural solid waste and implement the concept of sustainabledevelopment; Second, In terms of legislative patterns，we could integrates thecomprehensive legislation and special legislation; Last, The concrete suggestionsinclude6aspects:(1)enacting comprehensive law of the comprehensive utilization and the pollution prevention of agricultural solid waste to Improve the level oflegislation;(2)enacting special law to supply a legal gap and modifying the existinglegislation;(3) Increasing financial incentive legislation to mobilize the enthusiasm ofeach respect;(4) establishing agriculture solid waste pollution monitoring system,improving the environmental protection standard and the agricultural solid wasterecycling technology popularization system;(5)defining the duty and the responsibilityof the government;(6) perfect the legislation of the public participation. As I showedabove, we could construct a complete and coordinating law system of the pollutionprevention of agricultural solid waste, which is suitable for China’s nationalconditions.