Research On The Legal System For Soil Pollution Restoration Of Agricultural Land

Soil pollution remediation of land for agricultural use refers to the use of physical,chemical,biological and other technical means to restore contaminated land for agricultural use to normal function.Soil pollution remediation of land for agricultural use has the characteristics of strong technicality,long remediation cycle and high remediation cost.Soil pollution remediation of land for agricultural use has both public law and private law attributes.Therefore,Soil pollution remediation of land for agricultural use has both public law and private law values.In addition,the soil pollution remediation of land for agricultural use also embodies the theory of responsibility for damage,the theory of benefit burden,and the theory of environmental rights.The soil pollution remediation of land for agricultural use normative system includes three levels: laws,technical standards,and national policies.The analysis of soil pollution remediation of land for agricultural use from theory to specification is the basis for studying farmland soil pollution remediation legal systems.The composition of the soil pollution remediation of land for agricultural use system mainly includes responsibility mechanism,supervision mechanism,and disclosure mechanism.The responsibility mechanism is the core of the soil pollution remediation of land for agricultural use system,and the establishment of the responsible subject is the key to the responsibility mechanism.The person responsible for soil pollution,the land use right holder,and the state are the main subjects of responsibility,and different principles of liability are applied.According to different supervision subjects,the supervision methods can be divided into administrative supervision,social supervision,and judicial supervision,and its purpose is to strengthen the guarantee for the implementation of soil pollution remediation of land for agricultural use.The disclosure mechanism is a supplement to the responsibility mechanism and the supervision mechanism.The disclosure mechanism not only embodies the way of responsibility,but also embodies the basic principle of "public participation".There are many problems in the soil pollution remediation system of agricultural land.First,the responsibility mechanism for soil pollution remediation of agricultural land is relatively stiff,which is manifested by the unclear main body of the responsibility,the uneven distribution of responsibility,and the unreasonable accountability.In addition,the use of public participation in the restoration of agricultural land soil pollution is relatively lacking,mainly manifested in insufficient disclosure of information,and there are other implementation obstacles to public participation.Because the soil pollution remediation of agricultural land involves the conflict between public welfare and private benefits,this leads to poor relief for private interests.In addition,the poor enthusiasm for remediation has also reduced the effect of remediation of agricultural land soil pollution.Therefore,corresponding suggestions for improving the soil pollution remediation system of agricultural land are proposed.First,reshape the responsibility mechanism,on the one hand,distinguish the principle of attribution,on the other hand,moderately expand the powers and responsibilities of local governments,and adjust the timeliness of accountability.Moreover,strengthening the public disclosure of information and the use of public participation will help to play the role of public participation in the remediation of agricultural land soil pollution.In addition,in order to protect the legitimate interests of agricultural land soil pollution remediation,it must be reflected in the legal system,and related relief procedures must be standardized.Finally,environmental economic policies and the use of financial instruments are both effective ways to improve business support for agricultural land soil pollution remediation.