Research On Improvement Of The Legal System Of Soil Pollution Prevention And Control Fund In China

China's soil pollution prevention and control fund is invested only by government or jointly funded by government and social capital,which take marketing operation method,guide social capital to invest in soil pollution prevention and control,support the development of soil restoration and control industry.According to collaborative governance theory and Keynesian,the fund is public and business government investment,and guiding fund of government.The fund system has just been established,which is developing and have many shortcomings.From the development of the legal system of soil pollution prevention and control fund in China,the legislative form of fund needs to improve,the funding source needs to expand,the use of fund needs to be clear,the recovery system of fund needs to build,and the supervision system of fund needs to improve.As an important system that government regulate soil restoration and control industry,the legal system of soil pollution prevention and control fund should be continuously developed and improved.Combined with the problems of the legal system of soil pollution prevention and control fund in China and the experience and lesson of mature the legal system of soil pollution prevention and control fund in developed countries or regions,the improvement of the legal system of soil pollution prevention and control fund in China should be carried out in the following steps.Firstly,improve the legislative form of fund.In order to ensure the systematization and science of legislation of the fund system,we should improve the legal hierarchy of the fund system and formulate supporting regulations on special legislation,and promote the construction of local legislation actively.Secondly,exploring the legal way of pluralistic funding source.it is need to be clear that the land transferring revenue and environmental protection tax and administrative fines on behavior of soil pollution and social donation can be the source of fund.Thirdly,clarifying the use of fund by regulating the payment range and the way of using about fund and the prerequisite of using fund.Fourthly,constructing the system of fund recovery by clarifying the prerequisite and the subject and the range and the way and the distribution of fund of fund recovery.Fifthly,constructing the strict supervision system by clarifying the subject and the content and the form of supervision.