Comparative Study On Chinese And British Legal Systems For Soil Pollution Prevention

Soil has profound significance for ancient China.China has been a big agricultural country since ancient times.China’s rapid economic development and frequent occurrence of soil pollution accidents have seriously affected the health and property safety of the people.As the first country to carry out an industrial revolution,Britain has been ahead of other countries in the pace of urbanization and industrial restructuring.It also faces the problem of soil pollution,and has formulated a pragmatic and effective pollution prevention policy for this problem.This article aims to provide theoretical support and practical suggestions for soil pollution prevention and control in China by analyzing and comparing the legal systems and various systems of soil pollution prevention and control in China and Britain.In addition to the introduction,this article is divided into six parts.The first part gives an overview of soil pollution prevention and control,including the concept and characteristics of soil pollution,and analyzes the necessity of soil pollution prevention and control.The second part starts with the comparison of the Chinese and British soil pollution prevention and control legal systems,and compares the historical evolution of the soil pollution prevention and control legal systems in China and the United Kingdom and the current status of the Chinese and British soil pollution prevention and control legal systems.China ’s soil pollution prevention and control legal system was formed late,the British legal system was formed early,and the system was more complete,so that a comparative conclusion was reached: China should strengthen the relevant implementation rules and separate legislation of the relevant system after the implementation of the Soil Pollution Control Law.The third part analyzes and compares the legal provisions,assessment scope and assessment process of the China-UK soil pollution risk assessment system.Risk assessment is the core content of the entire process of soil risk management.The assessment process in China is stipulated in the "Technical Guidelines".Starting from technical means,there is no legal requirement to compare China ’s soil risk assessment system with the UK ’s soil risk assessment system.The similarities and differences of the evaluation system and the points for reference.The fourth part compares the legal regulations and liability forms of the contaminated soil remediation responsibility system in China and Britain,and combines the National Grid Gas case in the United Kingdom and the "Changzhou poisonous land case" in China to conduct a case analysis study on remediation liability.Both China and the United Kingdom have adopted the polluter ’s responsibility principle.The difference is that China ’s form of liability adopts joint and several liability and alternative liability,while the United Kingdom has adopted a mixed system of proportional and joint liability,which provides for the traceability of liability.The current liability system in China should be combined with governance practices to clarify the attribution of responsibility,so that polluters can truly bear the responsibility of coping.The fifth part compares the legal regulations,supervision subjects and supervision funds of the soil pollution supervision system between China and Britain.The main regulatory body in China is the government,and the legal regulatory bodies in the UK are the government and the non-governmental organization Environment Agency.In terms of regulatory funds,they have actively adopted fiscal and taxation policies to encourage private funds to participate in pollution control.The sixth part puts forward that we should combine the actual situation of soil pollution in China and the current status of the Chinese legal system,learn from the advanced experience of the United Kingdom,improve the legal system of soil pollution prevention and control in China,and strengthen the formulation of special laws and regulations in the System of Soil Pollution Prevention and Control Law.Establish a risk identification system,expand the scope of risk assessment and improve the risk assessment report system,strengthen the responsibility for soil pollution remediation,clearly analyze the functions of local governments,introduce the management of non-governmental organizations and increase the external supervision of the public,and propose the construction of the soil pollution fund system to Improve the diversification and effectiveness of regulatory funds,and improve the current soil pollution prevention law.