The Studying On Perfecting The Soil Pollution Prevention Legal System In China

As the supporting system of all the existing life on the earth, the stability of the soil ecological environment system has a special significant meaning. However, in recent years, the rapid economic development makes the soil ecological environment in China in a serious condition.Because of the soil pollution has a lot of different characteristics from other elements pollution,and also with other environmental elements of the main forms of pollution sources, which determines the control of pollution in the soil has many special methods and systems.Soil pollution control has become a worldwide issue, it also drawn most of the country's attention, especially legal regulation has become even more perfect. Based on many years experience of cure in environmental pollution,the United States and other developed countries have established a relatively reasonable legal system of soil pollution in the world and they set a successful example of soil pollution, they make better use of the means of administration and take it as the leader,the economic incentives means as the assistant,the public participation as the supplemented,which formed the integrated management of soil pollution prevention and control legal system. In this paper, concerning the legal practice of democratic and abroad, exploring the soil pollution control basic principle of law,stating the theory of liability of the country,the theory of polluter pays, the theory of environmental justice and environmental rights which are the soil pollution control law theory. Meanwhile, the article will describe the advanced U.S. legal system of the soil pollution control to govern the construction and redevelopment of the brownfields, and then use the evolution of the law, explore the legal meaning of its advanced, for the control of soil pollution in China to provide a reference.At present, the soil pollution control system has an initial legal framework in our country, but it is far to cope with the serious situation of soil pollution. Response to environmental law's famous expert's call, I should point out that we should enact a Basic Law to control the soil pollution as'soon as possible in China to make improvements in the legal system as arrangements. In this law, we should first clear the legislative intent and the guiding ideology, determine the concept of sustainable development legislation. Second, strict management system and accountability system should be established. Finally, we should improve the information disclosure system for environmental protection and public participation in the system.