The Improvement Of The Civil Relief System For Rural Soil Pollution Infringement In China

As the building of new rural areas is vigorously advocated in China,it is essential to guarantee the quality of soil in rural areas which is closely related to food safety.Due to the deficiency of famers' environmental r:ights,unspecific land ownership system,shift of polluting enterprises from city to countryside and famers' abuse of poisonous pesticides,the soil in rural area is severely polluted.According to the Communique on National Soil Pollution,the quality of soil in arable land is of great concern.In addition,traditional civil tort system is only suitable for general soil pollution infringement instead of the public-welfare soil pollution infringement in rural areas.Therefore,how to protect rural soil from pollution?The text,based on the civil relief of soil pollution in rural areas,discusses the defects exist in substantial laws and procedural laws in current system,analyzes the reasons of defects and refers to the related laws and rules in foreign countries,hoping to provide suggestions for improving the civil relief system of soil pollution infringement.The soil pollution infringement belongs to the disputes of environment tort in essence.The author of the text discusses famers' environmental rights,subject of litigation,protection of consumers' rights and interests,reinstatement,compensation of damages and litigation costs involved in tort action and draws lessons from related rules and laws in foreign countries in order to improve the civil relief system of soil pollution infringement in rural areas.The text adopts the methods of studying the documents,comparative analysis and empirical analysis to illustrate the theme.It contains four chapters.The first chapter discusses the status quo of legislation on civil relief system of soil pollution infringement in rural areas,analyzes the defects of related law,such as the deficiency of theory on farmers,environmental rights(including unspecific subject of litigation in the system of collective ownership of land and the inadequate protection of consumers' rights and interests),the defects in the procedural laws(including the weary reinstatement,inconsistent standards for compensation especially the compensation for damage to crops,and the high legal cost).Priority is given to illustrate the problems exist in the civil relief system of rural soil pollution infringement,providing reference for the improvement of the relief system.The second chapter analyzes the causes lead to the defects of civil relief system of rural soil pollution infringement from several respects,including the plight of environmental rights,the imbalance between urban and rural policies,the specialty,of soil pollution infringement in rural areas,the inefficiency of traditional civil relief system and the deficiency of legislation on compensation for soil pollution.It is to suit the remedy the case.The third chapter analyzes the related civil relief system of soil pollution infringement in rural areas in foreign countries.It can be learnt from the text that admission of environmental rights to constitution,the land tenure system,the soil pollution remediation system,the human injury tort compensation system and socialization relief system all make the civil relief system of soil pollution mature gradually.The experience provides reference for the perfection of related laws of rules on relief system of soil pollution in rural areas in China.The fourth chapter,on the basis of the above-mentioned defects and referring to the foreign related laws and rules,presents the ideas of perfecting the substantial laws by establishing famers' environmental rights,allocating the subject of soli pollution litigation and protecting consumers' interests and rights.It is suggested to introduce the soil pollution remediation system and expected tort compensation system,improve the compensation system of damage to crops and compensation for rural soil pollution and mitigate legal costs so as to make up for the deficiency of civil relief system of soil pollution infringement in China,hoping to improve related relief system,safeguard farmers' rights and interests and protect the ecological environment in rural areas.