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Research On Legal Liability For Soil Pollution Prevention And Control In Agricultural Land In My Country

Posted on:2022-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:W S JiangFull Text:PDF
GTID:2511306554974139Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Agricultural land not only provides a fundamental guarantee for farmers' production and life,but is also the prerequisite and foundation for the country to implement the rural revitalization strategy.The rapid economic development of our country nowadays has not only brought about the improvement of agricultural modernization level,but also brought great damage to the ecological environment,especially the adverse effects caused by industrial production,mining and agricultural production,resulting in the soil of agricultural land.The pollution situation is getting worse,and it has become a difficult problem that has to be faced in the current social governance.The hysteresis and concealment of soil pollution in agricultural land,accumulation,and difficulty in governance will not only bring huge challenges to the prevention and control work,but also damage the ecological environment,harm human health,and adversely affect economic development.The focus of agricultural land soil pollution lies in "prevention" and "control".This article is divided into four parts for discussion.The first part is an overview of the prevention and control of soil pollution in agricultural land in my country.Through the analysis of the current situation of soil pollution prevention and control in agricultural land in my country,it is found that the main causes of agricultural land pollution are industrial emissions,agricultural production and mining,and the lag of pollution is analyzed.,Accumulation and difficulty of governance.In addition,since the legal system is an important system guarantee for pollution prevention,this section also introduces the current status of the soil pollution prevention and control legislation system for agricultural land.The second part analyzes the current situation and existing problems of the legal liability for soil pollution prevention and control of agricultural land in my country.Problems such as the lack of special legislation in the legal liability for soil pollution prevention and control of agricultural land,the complicated identification of liability,the difficulty of distribution technology,and the inapplicability of the principle of liability for damages are pointed out.The third part compares the experiences of the United States,Germany,Japan,and the Netherlands in soil pollution prevention and control and draws enlightenment.Analyzed the experience of the above-mentioned countries in improving the legislative system,regulating the legal system,clarifying the scope of the subject,adopting a reasonable principle of imputation,and seeking the unity of administrative law enforcement powers and responsibilities.The fourth part proposes a perfect path for the legal responsibility of soil pollution prevention and control of agricultural land in my country.The first is to promote special legislation for the prevention and control of agricultural land soil pollution,and make recommendations at the legislative level;the second is to promote a reasonable distribution of legal responsibilities,to give local governments administrative powers,and to optimize the existing forms of responsibility;the third is to improve the legal responsibilities for the prevention and control of agricultural land soil pollution.The system makes up for the shortcomings in the identification of intermediate and final liabilities,as well as the identification of share and joint liabilities;the fourth is to improve the rule of law in the environment and enhance the ability to govern the ecological environment.
Keywords/Search Tags:Agricultural land, soil pollution prevention, legal responsibility
PDF Full Text Request
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