Study On The Legal System Of Soil Pollution Prevention Fund

Soil is the material basis for human survival,and soil pollution directly affects human survival.After the reform and opening up,the rapid economic development,followed by more serious soil pollution.The first national soil pollution survey has reached the following conclusions: the overall soil condition is poor,the national soil overall pollutant content exceeds the standard,the exceeded rate has reached 16.1%.Soil pollution has become an urgent environmental problem in China.In order to effectively strengthen the prevention and control of soil pollution,gradually improve the quality of soil environment,and ensure agricultural safety and human health,the Fifth session of the Standing Committee of the 13 th National People's Congress(NPC)adopted the Soil Pollution Prevention and Control Law of the People's Republic of China unanimously on August 31,2018,and will take effect on January 1,2019.The law clearly stipulates that "the state shall increase its investment in soil pollution prevention and control funds and establish a system of soil pollution prevention and control funds".There are some practical difficulties in soil pollution prevention and control,such as high technical difficulty and large amount of treatment work,which require a huge amount of capital support.The existing capital modes in China,such as "who pollutes who treats",third-party treatment and PPP mode,provide financial guarantee for soil pollution prevention and control to a certain extent.However,there are still some problems in China's soil pollution prevention and control fund system,such as low level of legislation,low operability,single source of funds,poor sustainability,insufficient social supervision and easy alienation of fund function.Therefore,in order to prevent and control soil pollution more effectively,China urgently needs to improve the soil pollution prevention and control fund system.Soil pollution is closely related to human life and health and agricultural production safety.Developed countries and regions have attached great importance to soil protection for many years,accumulated rich experience in the field of soil pollution-related legislation,and formed a relatively mature theoretical system for the establishment of the soil pollution prevention fund system.China should learn from the beneficial experience of soil pollution prevention and control fund system in developed countries and regions,and improve the legal system of soil pollution prevention and control fund system from improving the legislative level and improving the framework of soil pollution control fund system in China.Specific measures include: clear the legal sources of funding for soil pollution prevention and control fund,including central and local government financial allocation,the collection of environmental taxes,to attract social capital;to clarify the scope and mode of use of the soil pollution prevention and control fund;we should improve the supervision system of soil pollution prevention and control fund system,and pay equal attention to both external and internal supervision;improve the relevant legislation of soil pollution prevention and control fund system,improve the legislative level.We will improve the supporting systems of soil pollution prevention and control funds,such as soil pollution information collection system,hazard assessment system,emergency response system for environmental emergencies,soil pollution remediation system and soil ecological compensation system.