Research On Legal Issues Of Pollution Prevention And Control In Large-scale Livestock And Poultry Breeding In China

Since the beginning of the 21st century,China's economy has developed rapidly,and the quality of life of the people has also risen.The per capita consumption of various husbandry products has increased dramatically in daily life such as meat,eggs,milk and so on.Thus,China's livestock and poultry industry have ushered in a golden development period.At present,livestock and poultry breeding in many rural areas plays an important role in the source of income for the people,but the rapid development of the farming industry has also brought some serious environmental pollution problems.With the increasing industrialization degree and scale of livestock and poultry farming,the amount of manure and sewage produced by animals is getting larger and larger,far exceeding the self-dissipate ability of the environment.Furthermore,it also caused serious damage to the local ecology.Currently,pollution from large-scale livestock and poultry farming has become one of the most important sources of non-point source pollution in rural areas.Effective prevention and control of environmental pollution caused by large-scale livestock and poultry farming is imperative for protecting the local ecological environment.Based on the author's empirical investigation in large-scale livestock and poultry farming(Xinzhou,Shanxi,China),some problems in preventing and controlling farming pollution were found,thereby showing some common legal problems of the prevention and control of breeding pollution.Furthermore,this paper proposed systematically and specifically some legal measures to solve the pollution problems of large-scale breeding of livestock and poultry in China.This article is mainly divided into three parts:The first part summarizes the current state of the national livestock and poultry breeding and pollution,especially introducing the situation in Xinzhou,Shanxi,and analyzes the national and local laws and regulations on pollution prevention and control of large-scale livestock breeding.The total amount of livestock and poultry breeding in Xinzhou,Shanxi and the whole country is increasing,and it is showing a large-scale development trend.The waste produced by large-scale breeding of livestock and poultry will cause mainly serious pollution and damage to water,soil and air in the natural environment.However,In China,the laws and regulations on the pollution of large-scale breeding industry are scattered and general,and the local laws and regulations of Shanxi Province lack further refinement.The second part,based on the author's empirical investigation in large-scale livestock and poultry farming(Xinzhou,Shanxi,China),some problems in preventing and controlling farming pollution were found,thereby showing some common legal problems of the prevention and control of breeding pollution.In terms of legislation,relevant laws on pollution prevention and control in China generally do not pay enough attention to rural environmental protection,and the laws principle is strong,while operability are weak.In law enforcement,grassroots law enforcement officers generally have problems with simple and rude enforcement methods,thereby cannot meet the requirements of law enforcement as well as the responsibility and authority management of different law enforcements were not defined,leading to low efficient in implement.Furthermore,in terms of judicial relief,some problems still exist.For example,the scope of the plaintiff of the environmental administrative public interest litigation is small,the scope of acceptance of the case is narrow,the burden of proof of the inspection authority is heavy,and the qualifications of the plaintiff in the environmental civil public interest lawsuit are too strict,the plaintiff has difficulty in obtaining evidence,and the enforcement procedures after the judgment need to further improve.The third part aimed to explore the legal ways to solve the pollution problem of large-scale livestock breeding in China.In terms of legislation,reshaping the concept of legislation,increasing the emphasis on rural environmental issues,and strengthening the operability of laws and regulations are essential;in law enforcement,rationally planning the banned,restricted and suitable areas for large-scale livestock breeding,and reasonably allocating law enforcement powers needs to be improved.Moreover,horizontally clarifying the powers and responsibilities of law enforcement agencies and strengthening the supervision of lower law enforcement agencies from higher law enforcement agencies vertically are important.In the judiciary,some measures also need to implement.Further expanding the scope of the plaintiff subject and the scope of acceptance of environmental administrative public interest litigation,and reducing the burden of proof of the plaintiff subject,reducing the qualification restrictions on the plaintiff subject of environmental civil public interest litigation,and establishing an effective evidence collection system,and improving the enforcement procedures after judgment are extremely critical.