Research Into The Legal Institutions Against Farmland Pesticide Pollution

Farmland refers to the land used by human beings to grow crops, and constitutes the foundation for their survival on the earth. Its importance lies in the suitability of the soil for crops, and pesticides contamination of the soil is the core of farmland pesticide pollution. However, in modern agriculture, pesticides are indispensable, which makes the pollution of agricultural land a global problem. And such is also the case in China, which is the world’s second largest user of pesticides. Pesticide is a major pollutant of agricultural land in China, causing serious threat to its economic development, its food and ecological safety, and its sustainable development. Since early 1980 s, China has come to realize the problem of farmland pollution, and issued several laws and regulations to prevent and treat the pollution, and these legal institutions have been a success. However, these legal institutions cannot meet the current needs of the community because of the incomplete laws and the flawed legal institutions, and need to be improved and perfected. This paper reviews the related concepts of the prevention and treatment of farmland pesticide pollution, and looks into the actual problems in China. By drawing on the experience from advanced countries in the world concerning the prevention and treatment of soil pesticide contamination, the author goes on putting forward some suggestions for Chinese legal institutions in dealing with the problem.The first part introduces the basic theory of the legal institutions against farmland pesticide pollution, including an overview of pesticide pollution in farmland, the concept, and the scope, content, particularity and necessity of the legal institutions against farmland pesticide pollution.The second part analyzes the problems of the current legal institutions, their defections and shortcomings, by means of categorizing current domestic legislation and regulations on farmland pesticide pollution of China and the relative enforcement.The third part focuses on the experience of the USA, Germany and Japan in dealing with farmland pesticide pollution. Their experience may help China solve the problem of pesticide pollution.And the last part focuses on solving the problems of farmland pesticide pollution through legislation. And by integrating experience of foreign countries with China’s reality, the author puts forward some implications and suggestions for China to promulgate comprehensive the legal institutions to solve the problem of agricultural land pesticide pollution.