Study On Legal Regulation Of Heavy Metal Pollution Of Soil In Our Country

The heavy metal pollution of soil had a lot of concern in China in recent years. According to statistics, by the end of 2012, about 20 million hectares of arable land polluted by heavy metals, accounting for 1/6 of the total area of cultivated land in China. The 12 th Five-Year Plan of Comprehensive Prevention and Control of heavy metal pollution has pointed out that there are 14 provinces has been affected by relatively serious heavy metal pollution, and the prevention and control of pollution of heavy metals in the soil of our country is facing a grim situation. Features of heavy metal contamination of soil are latent and non-significant, it needs more than twenty years from emission of pollutants to enter the food chain and cause damages. The physical properties of the soil almost does not change during this period, it is difficult to find the heavy metal pollution if we don’t take specifically detect to the soil. Which resulted in a lack of attention to the extent of soil heavy metal pollution, as well as the setting of the relevant legal system is almost blank. Our country’s work on the prevention and control of pollution of heavy metals in the soil at present facing with two problems: lack of pollution prevention and control, and damages caused by pollution get no relief, the fundamental way to solve the problem lies in the establishment of related laws and regulations to regulate heavy metals contaminated soil.Through the analysis of the present situation of soil heavy metal pollution in China, heavy metal pollution of soil in China is mainly due to the long-term use of the sewage for irrigation, accumulation of solid waste, emissions and heavy use of pesticides and fertilizers, and has five characteristics: latent, non-significant, enrichment, bioaccumulation and non-degradable. The legal regulation need to develop the legal system for the causes and characteristics of the contamination with actual effect. The legal regulation of the soil heavy metal pollution, China’s current laws facing barriers mainly in three areas: prevention, treatment and relief. While the soil heavy metal pollution problems outbreak earlier in the United States, Japan and other developed countries because the earlier of the industrialization process, and they have accumulated more advanced experience of heavy metal pollution’s legal regulation, which is worth our reference and study.The legal regulation of the soil heavy metal pollution, should start from the following two aspects, the first is to improve the soil heavy metal pollution prevention and control system in our country, the second is to carry out relief of the soil heavy metal pollution damage. Legislation on pollution prevention and control should use perimeter law instead of "Soil Pollution Prevention Act", to change the past legislative ideas, adhere the principle of prevention and treatment in the legislation, focus on the systematic of pollution prevention and control system. Specifically, it include three aspects: First, to improve the soil heavy metal pollution prevention basic system, to update our environmental standards, carry out a nationwide survey of soil heavy metal pollution; second, to build a soil heavy metal pollution prevention system, to conduct daily dynamic monitoring of soil heavy metal pollution, to make timely response to the accidental pollution events, to establish registration and management system for contaminated land. Third, the improvement of soil heavy metal pollution control system need to through laws and regulations to clarify pollution liability bearers and the source of treatment, realization of the contaminated lands’ redevelopment and reuse. Funds to achieve redevelopment of contaminated land, and re-use. The personal rights, property damage caused by the soil heavy metal pollution situation occurs mainly in the field of agricultural production, at this time the soil has dual properties, not only the environmental media to cause damage but also agricultural means of production. The process of damages involves multiple legal relationships are quite different with the environment tort, it should be introduced in the agricultural environment tort system to remedy the damage caused by soil heavy metal pollution, which can be both find those responsible to assume the tort liability and improve the legal regulation of soil heavy metal pollution.