The Comparative Study Of Chinese And American Repair Legal Systems Of Soil Pollution

Soil is an important part of the natural environment, and is the most important renewable natural resources and timeless production. Almost all the activities of human, such as living, diet, and clothes are related soil. Soil is not only the material basis of human survival and development, but also the natural environment cleaner and buffers. Therefore, the quality of the soil has an important impact on human diet and the living. Because soil formation process is extremely slow, once contaminated or destroyed, it is difficult to recover in a very short period of time, thus it will bring a serious threat to human survival. As a developing country, we are currently facing a dual task of developing the economy and protecting the environment. Due to the excessive discharge of industrial and mining waste, the amount of pesticides and fertilizers are increasing, the township enterprises’emissions are increasing, the expansion of sewage irrigation area, with the rapid economic development, soil pollution becomes serious increasingly. Soil pollution affects not only the growth of crops, but also affects the normal growth of grass plants, excessive levels of pesticides and heavy metals in Grain, fruits and vegetables, livestock, which affect human health, has become a major threat to the deterioration of the biological environment.Soil pollution is deteriorating agricultural environment and damages the soil resources for which reduces the soil fertility. It is the public nuisance, for which affecting the human survival and future generations. It must be taken seriously and take the corresponding prevention measures. In order to curb soil pollution deteriorating situation, it is imminent to take advantage of law effective. But at present our country about soil pollution prevention law scattered in a number of laws, and does not have a complete legal system for the prevention and control of soil pollution. Therefore, urgent need to study and explore the field, and now the most urgent is to repair and renovation for the contaminated soil. At the same time, along with the deepening of the globalization, the soil pollution endangers the existence and development of mankind, which all countries in the world has been focused on, especially represented by the United States. Like in China, it is about the content of the soil conservation scattered in a number of laws in the United States, but it made effective governace for "brownfield" by making the law amendment to fill the gaps. On the repair and governance, the legal system of soil pollution prevention and control of all there are many places of our country for reference.This paper uses comparative literature analysis and research methods. Through the legal system of China-US soil pollution prevention, the paper tries to compare and comb from basic theory to specific legal measures. Compared from different angles, the proposed US understand soil pollution prevention law advantages and disadvantages of each regime exists, and thus improve the legal system of soil pollution prevention and control. This paper focuses on the legal system of China-US soil remediation discussions. Paper is divided into five parts:The first part is to explain the basic meaning of soil pollution and soil remediation. Soil, soil contamination and remediation of soil basic meaning is to be defined, and focuses on the status of soil pollution and harm, emphasizing the need for this study, but also the basis of the theory of soil pollution control construction of legal system were to be discussed. The second part is to make a brief introduction of the first China-US soil pollution legislative background, the theoretical basis for the comparison of soil pollution and remediation legal system repair US. Soil Remediation respectively are to be introduced, for the two countries to repair the main legal and legal regime on soil pollution prevention will be described in detail. Thus it comes out to be the conclusion that soil pollution control legal system of ours has the guiding ideology obsolete, legal dispersed, operability not strong and targeted weak features. The third part of the analysis is the focus of this article. It is a overall Sino legal characteristics of soil pollution prevention, legal content and soil remediation comprehensive comparison of the legal system. Summary of advantages and disadvantages of US soil pollution prevention of each legal system, with emphasis on the existing problems of soil pollution prevention legal system of our country. The fourth part is based on the former of the two countries and soil pollution control system theory and comparative presentation summarizes revelation American soil pollution control legal system of our country, to talk about two aspects separately from the legislation and legislative content. The fifth part, where the purpose of this paper is to study, proposes recommendations to improve security, legal responsibility and supporting institutional aspects of our country’s soil remediation legal system based on the comparison and inspiration.