Research On The Legal System For The Prevention And Control Of Agricultural Non-point Source Pollution In My Country

As China is a large agricultural producer,"agriculture,rural areas and farmers" work is a key task that is concerned with the national economy and the people's livelihood.Since the reform and opening up,rural development in China has undergone earth-shaking changes,including increased grain output,alleviated poverty of peasants and better life of peasants.But at the same time,rural pollution problems also emerge.What should be especially noted i5 the non-point source pollution caused by agricultural development.Due to the long-term existence of the urban-rural dual structure,the laggardness of rural environmental legislation in China,incomplete legislation on agricultural pollution prevention and the reverse effect of agricultural policies,agricultural non-point source pollution is induced.Agricultural non-point source pollution can lead to the degradation of water,air and soil quality,harm agricultural production and affect quality safety of agricultural products,thus increasing the health risks of the public.The prevention and control of agricultural non-point source pollution is a fulfillment of the requirement of the 1sth National Congress of the Communist Party of China and the 19th National Congress of the Communist Party of China on ecological civilization construction and rural revitalization and is an active response to the General Secretary Xi Jinping's call of "winning the battle against agricultural non-point source pollution."This paper holds that the connotation of agricultural non-point source pollution should be limited to water,air and soil pollution caused by improper disposal of agricultural wastes such as chemical fertilizers and pesticides and agricultural film and straw in agricultural production.Empirical research shows that the prevention and control of agricultural non-point source pollution in China has not significantly improved by the active guidance of legal policies and the dependence on chemical fertilizers and pesticides in agricultural production is still high.While the usage of chemical fertilizers and pesticides shows a downward trend in recent years,the decrease is not obvious.Meanwhile the usage of agricultural film also increases year by year.In terms of spatial distribution,agricultural non-point source pollution is closely related to the development of crop farming.Larger crop farming provinces would bring about greater agricultural non-point source pollution.On the basis of reviewing and sorting China's legal system on the prevention and control of agricultural non-point source pollution,it is believed that the legal system on the prevention and control of agricultural non-point source pollution has the following deficiencies.First of all,the legal system on the prevention and control of agricultural non-point source pollution is incomplete,and both national and local legislation on the legal system on the prevention and control of agricultural non-point source pollution are incomplete.Secondly,the operability of the legal system is poor.While the legal provisions are too indistinct,the punishment for violating prohibitive provisions lacks detelTent force.Meanwhile,some regulations on the prevention and control of pollution are too idealized and are not operational.Thirdly,the arrangement of the regulatory system is unreasonable,including the lack of cooperation between authorities on supervision,insufficient regulators at the local level and the increased investment in but low efficiency of policy-oriented law enforcement.The reason for the above dilemma lies in the long-standing urban-rural dual structure and the agricultural policy orientation in the past 40 years since the reform and opening up.While the urban-rural dual structure has led to the situation that rural environmental legislation lags behind urban environmental legislation for a long term in China.China's agricultural policies,which focus on stimulating agricultural production,have also induced agricultural non-point source pollution.From the experience of some foreign countries in the legal system on the prevention and control of agricultural non-point source pollution,it can be learned that legislation is the key for the prevention and control of agricultural non-point source pollution;adopting comprehensive environmental regulation tools is of significant importance for the prevention and control of agricultural non-point source pollution;and the establishment of a high-efficiency management organization is essential for the prevention and control of agricultural non-point source pollution.At last,based on the rural revitalization strategy of China,it is suggested that first of all,the legal system on rural environment should be improved as soon as possible.Secondly,the experience of Western developed countries should be used for reference to establish an optimal environmental regulation strategy profile that is dominated by economic incentive tools and complemented by command-and-control tools,adopt a strict registration management system for chemical fertilizers and pesticides,integrate agricultural non-point source pollution discharge standards with the best management practice system,establish a real-name registration system for the purchase of chemical fertilizers and pesticides,improve the degradable agricultural film evaluation system,collect sales tax on high-toxic and high-polluting chemical fertilizers and pesticides,develop an ecological agriculture subsidy system,implement farmland protection and subsidy policy and implement a deposit refund system for common agricultural film and other agricultural environmental protection legal systems.Thirdly,efforts should be made to innovate the agricultural non-point source pollution supervision pattern to form a pattern of coordinated governance by the government,peasants and the public,effectively develop a government performance evaluation system,give full play to the advantages of peasants' cooperative organizations and raise the awareness of social groups toward environmental citizenship.