Legislation Research On Prevention And Control Of China Soil Pollution

There are such a few words in China’s ancient poetry that soil distribution inpaddies and the human who has ability can use it to create the wealth. For thousandsof years,the land was regarded as the birthplace of wealth,farming animal husbandryfrom ancient times to today’s industrial prospecting are all the gifts of land as thecornerstone. Soil there is a certain self-purification capacity.Under natural conditions,the self-purification capacity of the soil can keep the soil a long period ofequilibrium.However,due to the constant violations of the current human activities onsoil,soil pollution has become a natural circulation system can not reverse thesituation.The developed countries of the world-wide have carried out soil pollutioncontrol work by technological means and legislative means to,and achieved goodresults.In contrast,the legal affair of soil pollution control in our country is a certainlack of a separate soil contamination prevention law.It is the first choice for China’snational conditions to protect the affair of soil contamination prevention by the legal.This article’s content is revolving the problem on prevention of soil pollutionlegislation.The author hopes to provides suggestions for the national legislation work.This article is divided into four parts,which include necessity and theoreticalbasis, the current domestic legislative situation and the reflection, overseas legislativesituation and reference, the legislation suggestions.Firstly, this article takes the soilpollution prevention legislation’s necessity as the entire breakthrough point,and thenmake it sure that our country should use the law way to prevent the soil pollutionthrough introduce the present situations of our country soil pollution. The legislationwork needs certain legal principle theory to be the basis,so the author narrates theenvironmental right theory, sustainable development theory and the risk preventiontheory in detail.We can reconsider the flaw of our country present soil pollutionprevention legal through the summary of our current legislation, enables it to obtain the atonement in the new soil pollution prevention law, this part is also formulates asupplement to necessity of legislation. The developed country started the soilpollution legislation work much more earlier,their legislative framework iscomprehensive,and the legislative effect is very good,so we should refer to the goodexperiences. The author introduce the US Super Fund Liability System and the Japansoil pollution control legal system with emphasis.There are several points tostudy,such as formulating a special law, formulateing a accurate soil environmentstandard,establishing a national soil pollution information database and seting up asoil pollution government special fund. Unifies the above content, the author makesthe following suggestion.There are four contents be stipulated as the law guidingprinciple which including Scientific development concept, environment first,technology standard of usability,and government first based on the prevention and thegovernment unified.They are the foundations of our law to be integrity and systematic.Then the author divided three parts to propose the concrete legislation devised,mainly included the consummation basic system, the straightening out supervisionsystem and the strengthening legal liability. The basic system was the most importantpart of the legislative conception. The primary coverages are the soil pollutioncondition investigation system, the information disclosure system, the soil pollutionmonitor system, the soil environment influence evaluation system, the soil pollutionkey prevention area system, the soil pollution prevention fund system and soilpollution public welfare lawsuit system these seven systems.There has certain logicsequence among these seven systems, each system has close contacting with othersystem’s construction,and is a relatively complete institutional framework. System’sestablishment cannot leave the administrative supervision as well as legal liabilityrealization, in the later word, the author has carried on the frame conception to therelated content.The people often said:“how will the humanity treat the nature, how the naturewill treat us, the nature will use its way to punish the humanity.”Along with soilpollution’s inceasingly aggravating, the soil pollution carries to humanity’s harm isalso inceasingly appearanced.Many kinds of disease and environmental pollutionevents are emerging one after another which caused by soil pollutions. This article research intends to provide the meager strength for our country soil pollutionprevention legislation work, through gathering such as author’s superficial seeing andthe profound principle of the academic poeple, offers advice for the soil pollutionprevention legislation work.