Research On Legislation Of Agricultural Non-point Source Pollution Prevention In China

Currently,agricultural non-point source pollution issue is getting more and more serious,especially the large-scale application of chemical fertilizers and pesticides,the indiscriminate burning of used agricultural films,and the random release of livestock manure.On the one hand,it causes the rural environment to be dirty,disordered,and poor.On the other hand,it also causes serious soil and groundwater pollution seriously endanger the life and health of rural residents,and it also make China's agricultural exports suffer from green barriers,causing direct economic losses accounting for about 1% of the national GDP.Therefore,in 2015,No.1 Central Committee put forward "Strengthening Agricultural Ecology Management",with special emphasis on strengthening the governance of agricultural non-point source pollution.In 2017,the Ministry of Agriculture published the "Work Arrangements for Fighting Offensive and Adversarial Tasks in Fighting Non-point Source Pollution by 2017" and arranged arrangements for the prevention and control of agricultural non-point source pollution throughout the year.As far as the legal level is concerned,with the emphasis of the state on agricultural non-point source pollution,many laws in our country include agricultural non-point source pollution in it,but the existing problems are: the legislation on agricultural non-point source pollution prevention is scattered among many laws and regulations,Departmental rules and other normative documents,on the one hand,these laws and regulations are too scattered and lack of system,making many people think that China's agricultural non-point source pollution prevention and control legislation is still a blanket and therefore does not attach importance to the protection of agricultural environment.On the other hand,these laws and regulations are mainly set for industrial point source pollution.More agricultural non-point source pollution is only the principle stipulated in the legislation according to the need.It is usually slogan because of lack of operability,and it can not provide practical guidance for agricultural non-point source pollution.In view of this,this paper studies the prevention and control of agricultural non-point source pollution in our country.Firstly,the concept of agricultural non-point source pollution and its peculiarity compared with industrial point source pollution are introduced by using comparative analysis method,so as to pave the way for the legislative design of agricultural non-point source pollution later;then a large number of documents are collected China's agricultural non-point source pollution legislation information,analysis of China's current agricultural non-point source pollution prevention and control of the existing problems,the main existence of the law is not operable and the lack of effectiveness,government responsibility too dilute result in poor accountability,lack of deep international cooperation of prevention and control of agricultural non-point source,the decentralized legislative system causing conflicted legislative concepts and principles,and the basic system of agricultural non-point source pollution prevention and control have yet to be established.Based on this,through studying international experience,this text instruct our legislation should pay attention to enhance the legislative effect of prevention and control of agricultural non-point source pollution,further clarify and substantiate the government's responsibility and strengthen deep international cooperation.On the basis of this,reconstruction of non-point source pollution prevention legislation.In re-legislation,we should uphold the people-centered legislative concept,integrate the fragmented legal system,unify the legislation,implement the basic principles of prevention,non-deterioration,environmental democracy and joint responsibility in all relevant legislation and separately from the prevention,control and relief three dimensions established a perfect agricultural non-point source pollution prevention and control legal protection system.