Reasearch On The Legistation Of Special Funds For Soil Pollution Control In China

The soil is human survival,the soil environment affects the quality of soil products and the health of human beings.However,in recent years,large areas of soil is serious pollution,soil pollution is very serious,already became a worldwide problem,China no exception.However,soil pollution control requires a large amount of money,China’s soil pollution sources of instability and other issues,leading to the practice of soil pollution control work difficult.The construction of soil pollution control special fund system is necessary and feasible,from the legal perspective,the current soil pollution in China fund management system has formed the basic shape,but has not been fully established,the current legislation of soil pollution special fund there are some problems.This article from the basic connotation of the soil pollution control fund,the current legislation situation of China’s soil pollution special funds,the current legislation of the existing problems,from soil pollution fund system of typical countries and China soil pollution control special fund legislation etc.these five aspects are deeply discussed.The first part of this paper introduces the basic connotation of special fund of soil pollution,including soil pollution and soil pollution of special fund with an overview of the significance,concept,specific characteristics of soil pollution,harm,governance,environmental protection fund,soil pollution control fund and its theoretical and practical significance.The second part reviews the normative legal documents of China’s current fund associated with the soil pollution control projects,and in accordance with the Constitution and the laws,administrative regulations,departmental rules and regulations,laws and regulations,local regulations and local government regulations on the legal level of important and important law models are listed.The third part,on China’s soil pollution control fund legislation analysis,starting from the form and content of the legislation of the current legislation,find problems in legislative form problems including legislation great dispersion,legislation of property is strong,the legislative level is low;the content of legislation issues including the legislative blank,repeat legislation,lack of maneuverability.The fourth part introduces the United States,Germany,Japan,the three countries of the soil pollution fund system legislation present situation,and then from the sources of funds,the article expounds the basic content of the use of funds and fund supervision and other aspects,and summarized the brief review,and finally find out the implications of this three soil pollution fund system in our country.The fifth part,based on the study of several parts,according to the existing soil pollution control fund related legislation in China,combined with foreign advanced experience and the domestic actual situation,try to improve the legislation of our country’s existing soil pollution special funds.The form of legislation,recommendations from the special high order "soil pollution control legislation of special fund regulations",specific supporting local legislation two aspects;the legislation content,from the integration of law and improve the operability and innovative content of legal norms and fill legislative gaps and other aspects.