Research On Administrative Supervision Of Soil Pollution Prevention

China’s rapid economic development is at the expense of the ecological environment, especially the soil pollution problem. There is an urgent need for conducting a research on soil pollution prevention and administrative supervision.Soil pollution prevention and administrative supervision means:in the field of environmental pollution and protection, the administrative supervision mechanism of soil pollution prevention conduct a supervision and restriction to the object of environmental pollution in order to ensure the sustainable development of the environment in accordance with the environmental protection law and other relevant laws and regulations. Strengthening the administrative supervision and prevention control of soil pollution is the inevitable requirement of ensuring citizen life safety, the need of a harmonious society and playing a significant role in theory and practice. This thesis are conducted through the basic theory of administrative supervision of soil pollution prevention, which is combined with the current situation of domestic and foreign cases, and as a result put forward suggestions on administrative supervision of soil pollution prevention This thesis is made of four parts:The first part is the basic study of soil pollution prevention and administrative supervision. This part is elaborated in three aspects:the summarize of soil pollution prevention, of the administrative supervision and its necessity of the soil pollution prevention. Firstly, this thesis begins in the difining of the concept of soil pollution and comes to a conclusion that it is mainly referring to the original pollution. Detail in meaning is the increase of metal contents in the soil due to human causes and the exceed of soil self purification capacity, which leads to soil quality degradation and the loss of its original value. At last, results in the harming to human and animal health and the social development. Secondly, the thesis research on soil pollution characteristics and comes to the conclusion that soil pollution is characterized by invisibility, hysteresis, cumulative and irreversible. Thirdly, the article classify the type of soil pollution:the type of water pollution, air pollution, solid waste pollution, agricultural pollution,etc, and discuss the grade division of the soil pollution and resulted in that the soil pollution grade are divided into international. provincial and prefecture level,basin level. Next, the thesis clarifies the define of soil pollution prevention and administrative supervision and analysis its feasibility, including:First, the ownership of natural resources law endows the nation determines its responsibility to protect. Second, private unable to protect environmental rights and interests decided the national regulatory authority. Finally, the thesis analyses the necessity of soil pollution prevention and administrative supervision. It is the necessary requirements of practicing the idea of administration according to law, establishing a good ecological environment; and of ensuring citizen life safety.The second part is the current situation and problem research of Chinese soil pollution prevention and administrative supervision. This part is divided into two aspects:the present situation of soil pollution prevention and administrative supervision; the problem research of it. Firstly, the thesis set out the regulations and duties in the relevant departments referring to the Department of land and resources, the water conservancy department, Department of agriculture, and then pointed out that they had a positive effect on soil pollution prevention and administrative supervision, but also realize that China’s current administrative supervision of soil pollution prevention and control law is not perfect. Specific include:first, poor in operability, strong in principle. Second, obscurity in responsibility. Third, lack in specific law of soil pollution prevention and control. Next, the thesis put forward our country soil pollution prevention and administrative supervision is not in place, specific include:first, there are unclear responsibilities between departments problems.Second, all departments are lack of law enforcement, and even the phenomenon of the administrative omission. Third, soil pollution regulatory standard is not scientific, professional, technical supervision departments are not professional.The third part is the research on foreign soil pollution prevention and control of administrative supervision and its reference. This part analyzes these national soil pollution prevention administrative supervision mode and regulatory measures taken from Japan, Germany, Australia, America. American reference for our country governance includes strict liability, waste soil and soil pollution prevention and control of funds. Japan in the administrative supervision system, highlighting the role of local government, this is very worthy of our consideration and reference. Australia attaches great importance to public participation, while Germany is very prominent important administrative organs in soil pollution prevention, and emphasize the supervision of local government, these are worthy of our reference.The fourth part is the countermeasures and suggestions of the administrative supervision of soil pollution prevention and control in china. The first part from clarifying the regulatory authorities responsibilities, a clear division of labor to analyze, draw of our country should be under the unified leadership of the government, clear the tube department--the responsibility and authority of the environmental protection department, coordinate the authority in charge of the Department of duty at the same time, the Department of land and resources as the core strength is in charge of the department. Only the system of pipe and in charge of the two work together, in order to better implement the soil pollution prevention and control work. Then put forward to strengthen supervision of soil pollution prevention and control, establish scientific and reasonable professional supervision standard, improve the quality of law enforcement personnel and establish pollution pay compensation and regional interest system, soil environment expected matching evaluation system, the administrative supervision mechanism of the administrative supervision system of these suggestions to perfect our country’s administrative supervision system. Finally the paper points out that to strengthen the soil pollution control regulatory responsibility from the two aspects of administrative liability and criminal liability.