| Arable land is the “matrix” for the production of crops such as grain.And the survival of humans,animals,plants and microorganisms are based on that.It is also the key to sustainable economic and social development.It is also the guarantee for the country and the nation to stand on the forest of the world.Although9.6 million square kilometers of terrestrial land are had by china.However,the area of arable land is very limited and the situation of pollution is very serious.China's arable land is not optimistic about the "quantity" and "quality",and "quality" is the core of the function of arable land,and it also highlights the problem of heavy metal pollution.Therefore,protecting the quality of cultivated land and preventing and controlling heavy metal pollution in cultivated land are imminent,and the legal regulation of heavy metal pollution prevention in cultivated land is an effective way to solve the problem.Incorporating the series of issues of heavy metal pollution in cultivated land in China into the orbit,the prevention and control of heavy metal pollution in arable land can be carried out in an orderly,effective and secure manner.According to this guiding ideology,the article focuses on the study of the legal system for the prevention and control of heavy metal pollution in cultivated land in China,including the legal provisions and specific regulations for the control of heavy metal pollution in cultivated land.Based on the perspectives of legislation,law enforcement,and judiciary,we will explore what kind of legal system China should establish to apply to the prevention and control of heavy metal pollution in cultivated land,and what regulatory measures should be used to regulate that.Through the development of problems and their causes,combined with the successful experience of foreign countries,we finally found a way to improve the construction of the legal system for prevention and control of heavy metal pollution in cultivated land.Based on the above research contents and ideas,before conducting specific studies,we must first clarify the doctrine that can provide support for the construction of the legal system for prevention and control of heavy metal pollution in cultivated land.The theory of environmental rights provides the premise for the article's claim to confer rights.The three theories of externality,environmental justice,and the environmental infringement reliefsocialization provide the basis for the following analysis and discussion on how to grant rights.Secondly,the precondition for solving the problem is to know the problem,and efforts must be made to find out the defects in the control of heavy metal pollution in cultivated land.The article summarizes the current situation of China's arable land heavy-metal pollution legal system,and grasps the relevant laws,regulations,standards and norms,institutional policies,and practices of the three aspects of the prevention,control,and enforcement of heavy metal pollution in arable land.Based on this analysis,the problems existing in China's arable land heavy-polluting legal system are mainly reflected in the absence of specific legislation,specific systems,sound standards,and strict accountability in the legislation;Measures in law enforcement are general,infighting and unsatisfactory;The lack of resources in the judiciary,the difficulty in defending rights,and the system still need to be improved.Finally,we need to explore the underlying causes behind the problem.Analyze the natural causes,the root causes,the important reasons and the deep causes,and draw conclusions from four aspects: the property of the prevention of heavy metal pollution in cultivated land,its legislation,law enforcement,and judicial aspects.All of the above analysis and discussion are to draw the conclusion that the value of the article is the greatest.Based on the experience of foreign countries in the regulation of heavy metal pollution prevention and control of cultivated land,China must learn to comprehend by analogy,ponder and inspire,and put forward reasonable measures to improve the legal system for the prevention and control of heavy metal pollution in cultivated land in China.This section still puts forward suggestions for improving the prevention,control and enforcement of heavy metal pollution in cultivated land.It is based on relatively clear relevant stakeholders involved in cultivated land soil,and it also proposes measures from the subject.First,strengthen the prevention and control of heavy metal pollution in arable land.We should clarify the purpose of legislation and the principle of prevention and control,and improve the legal system for the prevention and control of heavy metal pollution in cultivated land.Second,Strengthen the Strict Degree of Implementation of Law on the Prevention and Control of Heavy Metal Pollution in Farmland.Reforming all of the law enforcement agencies for prevention and control of heavy metal pollution in cultivated land,Clearing the responsibilities of the subjects of heavy metal pollution control in cultivated land,Standardizing the Law Enforcement Authority of the Main Body of Heavy Metal Pollution Prevention and Control,Increasing supervision of the environmental quality of cultivated land.Third,improve the judicial prevention and control of heavy metal pollution in cultivated land.Environmental tribunals resolve disputes over heavy metal pollution in cultivated land.at the same time to support the environmental public interest litigation of heavy metalpollution of cultivated land,in addition to enhance the relevant awareness and ability of investigators.Fourth,Cultivate cultivated land environmental awareness and public welfare organizations.Cultivating civic awareness must be persisted throughout.Cultivate public welfare organizations to give full play to their exemplary role.Safeguard Public Interest Litigation to Improve Judicial Conditions for Plural Environmental Public Interest Litigation.Strengthen social supervision to achieve the legal rights of environmental supervision for all citizens. |
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