The Legal Research Of Chinese Area Pollution From Agricultural Source

Agricultural nonpoint source pollution is a worldwide problem of agricultural modernization process generated. Its covert, widespread and difficult to detect other characteristics, combined with weak agricultural and other reasons, so that agricultural nonpoint source pollution control difficult. Ecological civilization construction, effective control of agricultural nonpoint source pollution must play the role of the rule of law, promote agricultural non-point source pollution control and institutionalized rule of law. Text of this paper consists of four parts, learn from existing academic research and extensive wisdom, based on the truth of the principle of rigor, science and innovation, to be perfect the agricultural non-point source pollution control mechanisms and legal system.The first chapter, in accordance with the classification rules and sources of meaning, the agricultural nonpoint source pollution defined as a water pollution, in line with such ideas in the academic mainstream. And further analysis of the characteristics and consequent prevention plight agricultural nonpoint source pollution, revealing government and market failure reasons in this area of pollution prevention and control, as do the legal advice Analysis prepared.The second chapter describes the experience and practice of the United States-point source pollution prevention. The United States in the 1970 s began to respond to agricultural nonpoint source pollution is agricultural nonpoint source pollution prevention and treatment of the most successful countries in the world, the concept of agricultural nonpoint source pollution that is first used in the United States, "Clean Water Act". US legislation to determine the source of prevention, best management practices, and other systems maximum daily load, full of wisdom environmental protection. Practice non-point source emissions trading point between sources and that it is exploring, is also in the forefront of the world's environmental protection system design. American Experience also tells us that we must attach importance to agricultural nonpoint source pollution do not have to over-pessimistic, to break this problem can not be achieved, must rely on "affect the situation as a whole" systems engineering.The third chapter analyzes of legislation and inadequate prevention blank agricultural nonpoint source pollution. Prevention must be a legal basis in accordance with law, environmental protection and pollution prevention and control of the Basic Law on the Basic inadequate agricultural nonpoint source pollution control attention, there is no higher law to do system design, nor do the rules and regulations of local refinement and implementation work. The current water pollution control concept and system design can not cope with agricultural nonpoint source pollution, the specific design of the system but also because it is difficult to coordinate economic functions of agriculture, social function and ecological functions can not be implemented. The final part, put forward a sound system of agricultural non-point source pollution control ideas. At the legislative level, advocates the revision of "Water Pollution Prevention Law" and "Agricultural Law" related content, improve the "Water Pollution Prevention Law" for the Basic Law of agricultural nonpoint source pollution control system. In the design of the system, it is recommended to improve public governance, government environmental responsibility assessment mechanisms and ecological compensation mechanism to guarantee the implementation of agricultural nonpoint source pollution prevention system and governance of the system. Very significant differences in pollution control and industrial pollution control agricultural non-point source is that the government bear a heavier environmental responsibility, plays a dominant role, and farmers as the actual responsibility for the pollution, the government can not be held accountable on specific responsibilities, but mainly through the guide and regulate its use of environmentally-friendly way to clean production, to achieve the purpose of environmental protection.