Research On Agricultural Land Soil Pollution Prevention Legal System In China

In recent years, along with the industrialization and rural urbanization can speed up, the growing footprint of agricultural land, farmland soil suffered from pollution problems appeared frequently. Farmland soil contamination, restricting our rural economy progress, formed seriously hinder the development of agricultural production. Increasingly serious pollution situation of farmland soil pollution effectively, without a complete legal system to support. Although farmland soil pollution problem has got the attention of the experts and scholars, at present there are some laws, regulations and rules of its regulation, but has not yet been made for the soil pollution prevention legislation be strong specification. The scattered provisions of the relevant legal norms determines its inevitable with range narrow, lack of enforcement, lack of systematic theoretical basis, do not have the disadvantages of maneuverability in practice. As soon as possible, therefore, our country farmland soil pollution prevention legislation it is necessary on the agenda. At present, combined with the status quo of farmland soil pollution in our country, draw lessons from foreign experience, farmland soil pollution prevention of soil pollution prevention and control of special legislation, build a complete legal system, to guide and standardize the farmland soil pollution prevention in China.This paper includes the following four parts: the first chapter mainly introduces the farmland soil pollution prevention and control of some of the basic theory, including the definition of "farmland", expounds several basic characteristics of farmland soil pollution, and produced a series of harm, this paper introduces the present situation of our country farmland soil pollution and mining the main pollution sources, finally from the aspects of system, consciousness, the mode of operation of three a deep insight into the cause of the farmland soil pollution.Comb in the second chapter, analyzes the current law in the specification to the relevant provisions of the farmland soil pollution prevention, and then summarized there are problems of legal norms: legislation, distribution is relatively fragmented, rule of law principle, operability is poor, practicality is not strong, no systematic, especially to the precautionary principle less attention: system, farmland soil pollution survey evaluation system is imperfect, unclear responsibility farmland soil pollution prevention, farmland soil pollution prevention and control of narrow financing channel and so on.The third chapter in-depth investigation and Japan and our country Taiwan area of farmland soil pollution prevention and control of specific regulations and legal system. Farmland soil pollution prevention and control of process, is summarized in the law system, perfect the system of highlight the precautionary principle, clear the responsibility of the pollution control, improve the system of soil pollution survey assessment, sound money is worth us to learn from security system, etc.The fourth chapter consummates our country’s agricultural land soil pollution prevention legal system. Formulate special law on the prophylaxis and control of soil pollution, widely adopts the system of agricultural cleaner production, perfect our country farmland soil pollution prevention and control of investigation and evaluation system, perfecting the responsibility system of farmland soil pollution, the development of farmland soil pollution prevention and control of financing channels and so on, in order to guide the effective work of prevention and control of concrete in practice.