The Study On Improvement Of The Legal System Of The Prevention Agricultural Soil Pollution In China

"Land is the mother of wealth" shows great importance of the land to increasing in social wealth. Since1980s, our country encountered economic development, lasting more than30years, and made remarkable achievements. The industry can not avoid damage to the environment, industrial "three wastes" through various channels, as well as the repeated evolution of the final settlement to the soil. Improving crop yields is built on the basis of a large number of chemical fertilizers, pesticides and other substances. Due to the low utilization rate of these harmful substances, a large proportion of them eventually was deposited in the soil. More and more years of accumulated harmful substances in the soil, leading to the fact that the final amount of harmful substances increase over the self-purification capacity of the soil, causing soil poisoning ".A variety of problems are induced such as harm to human health, the decline in land productivity, economic losses.Because there is a certain degree of lack of our legal system for the prevention of pollution, the pollution is still spreading. A single law concerning the environment in China does not make provisions of agricultural land pollution systematic. This problem is only stipulated in part of provisions of the other laws. Soil environmental quality standard is the sole rules and regulations in terms of this area in China.It is the standard specifying the type and quantity of material elements contained in the soil. This law was enacted in1995. As time passing by, majority of the provisions are out of date in preventing soil pollution. So the Ministry should modify regulations.Dating back from1970, Japan adopted legal measures to protect agricultural land soil from contamination or pollution mitigation; In1970s and1980s, United States protected the soil environment by enacting a series of Bills. Through analysis of the laws of these two countries, combining the current pollution situation in China, some terms can be borrowed, such as the strict civil liability system in the United States and the land identification system in Japan, and so on.Finally, in order to improve the relevant legal system, I put forward my own views. They are presented from three perspectives:prevention, solution, and improvement of the legal responsibility. As for prevention, three systems should be built. They consist of agricultural cleaner production system, the day-to-day supervision of the farmland soil system as well as improvement of the standard system of agricultural irrigation water. Agricultural cleaner production system involves standards of farmland; agricultural land irrigation water quality standard is related to material content of irrigation water; building a daily monitoring system for agricultural land is a necessary prerequisite to preventing pollution. As regards to governance, it is necessary to build agricultural land soil remediation system, including starting the remediation program (time, subject), selecting the standard of governance,"the poison ground" identification system, the regulatory body, law enforcement, construction and so on. Recommendations should be strict in terms of civil liability, the perfect administrative responsibility, increasing criminal liability appropriately as well as increasing the agents who perform responsibility.