China’s Soil Pollution Prevention And Control Legislation Reserch

Soil is one of the main parts of the ecological environment. Most of the food that human beings consume is organisms from the soil. The material life and production of human takes soil as the material base. Soil environmental quality does not only pose a direct impact on human health and food safety, but also have a profound impact on China’s ecological environment security and national economic development. China is a traditional agricultural country, and has now developed from a backward agricultural country into an industrial country of a certain scale. Reform and development will inevitably cause some damage to the ecological environment and China also can not avoid "pollute first, and then manage" way. When it comes to treatment of the environment, people will firstly think of the atmosphere, water and other intuitive pollutants. However, most of us do not have an intuitive concept of soil pollution and so it does not draw enough attention. The problem of soil pollution is a serious problem affecting the development of the national economy and the people’s healthy life. According to the first soil pollution investigation report issued by China, among the soil in the6,3000,000square kilometers of land being surveyed,83.9%of the soil met the standard, and more than one million square kilometers of land was polluted soil with the point position of farmland soil exceeding the standard by19.4%.(Bulletin of National Survey on Soil Pollution) Those are only the preliminary survey results, and it could be predicted that the domestic soil pollution was even more serious. The lack of related legal guarantee system is one of the fundamental reasons that are hindering the treatment of contaminated soils.The paper focuses on the problem of soil pollution prevention and control legislation, gives some opinions on construction and improvement of the legal system of soil pollution prevention, and provides reference for the smooth development of legislation.In this paper, based on the work and conclusions related to the investigation of national conditions and soil environment, the serious soil pollution problems are expounded. The cause of the increasingly serious soil pollution is basically the lack of legal protection for soil pollution prevention and control, so the formulation of a soil pollution prevention act is imperative. In this paper, the concept of soil pollution prevention laws and related theory are introduced; then the soil pollution prevention legislation experience of developed countries, such as the USA and Japan is described focusing on the construction of the system of functional division of soil and soil pollution prevention fund system. Then, based on the current situation of the problems with the soil pollution prevention and control in China, opinions and suggestions on establishment and improvement of the legal system of soil pollution prevention and control are put forward. In the last part of the paper, the soil environmental standards, cleaner production in agriculture, the delineation of functional area, soil pollution remediation fund guarantee and soil pollution legal liability are expounded in the two aspects of prevention and control of soil pollution.