Research On The Legislative Issues Of Soil Pollution Control In Our Country

In China’s current environmental pollution prevention legislation system,because of the presence of their special legislation, the air and water pollutionprevention legislation has formed their own systems. But the soil, as the sameimportant factor for the environment, its pollution prevention legislation is chaotic,not systematic and not standard. In stark contrast, the soil pollution is very seriousnow in our country. The prominent contradiction reflects the necessity and theurgency of the soil pollution prevention legislation. Aiming at establishing a perfectlegal system for soil pollution control, comparing with the related foreign legislation,this context states the relevant laws and regulations systematically, and make a systemanalysis among the model of legislation, legal system and legal liability. Finally, it putforward concrete proposal for our country’s soil pollution, hoping to promoteLegislative process for soil pollution prevention, and plays a small Role in buildingthe laws system.There are a variety of reasons for the serious situation of soil pollution in ourcountry, but there is no denying that the lack of legislation is the most importantreason. The legislative model of soil pollution in our country is dispersive legislationmode, based on the preventions, the provisions of principle makes a poor operability,all of these reflect that the current soil pollution control legislation lag behind. Toimprove the relevant legislation, we must solve these problems first, and it can realizethe rule of law in the process of soil pollution prevention and control. So if we wantto solve related problems of the soil pollution control legislation in our country, wemust use foreign legislation achievement. Like the special legislative model inGermany, the single renovation legislative model in South Korea, the monitoringsystem and regional division system in Japanese, the "brown plot" system and "superfund" system in the United States, and so on. The efficient legislative model andadvanced legal system all have important reference to our country’s soil pollutionprevention. To sum up, our country’s soil pollution control legislation should be improved inthe following three aspects.First of all, China’s soil pollution prevention legislation mode should be a speciallegislation mode dominated by the benefit and based on renovation. Obviously oursoil pollution control regulations are subordinate, lower-level, repeated and conflict,and pay more attention to prevent then renovation. These directly make our countrycannot establish perfect soil pollution control legal system, and the soil pollutioncannot be effectively controlled. At the same time related to advanced legislation inthe foreign, specific legislation has become the general trend. And most countries usesingle renovation legislative model, put the prevention part to other related laws andregulations. Then the legal system based on this make a remarkable effect. So ourcountry should establish a suitable model using the successful experience.Second, in terms of establishing legislative system of soil pollution control inour country, we should pay more attention to monitoring system, zoning andregistration system, and responsibility funds and insurance system. From the soilpollution prevention legislation of other countries, we can see that all successfullegislation has a sound legal system as support, and the three legal systems above arethe indispensable important system. Monitoring system is a foundation, zoning andregistration system is the premise of the regulation, the responsibility of the fund andinsurance system provide funding for the implementation of other systems. Thedetailed provision in the legal system has important reference value to our country.Finally, the legal responsibility of soil pollution control in our country shouldfollow the no fault liability. Under this principle, we should make the related user,managers or polluters of the land as the main body of the soil pollution responsibility.In addition we should improve the relevant civil liability and criminal liability, andtake the administrative responsibility as the main form of liability. At the same timewe should pay full attention to the administrative organs and their staff, they shouldbear the legal responsibility when there are illegal administrative actions especiallyadministrative omissions in soil pollution control process.In a word, although the research cannot cover all the legislation problems of thesoil pollution controlling, and the related question are also slightly superficial. But I still hope this thesis provide certain reference to our soil pollution control legislationfrom different angles, and played a small role in improving the law system of the soilpollution control and environment protection.