Study On The Legal System Of Soil Pollution Prevention And Control Fund In China

With the rapid development of economy and the accelerating process of urbanization,soil pollution is becoming more and more common,which brings serious harm to people’s health and agricultural development.Therefore,the state makes much account of the prevention and control of soil pollution.Most of the previous soil pollution prevention and control in China relied on special financial funds,but with the promotion of the process of soil pollution prevention and control,the financial funds have been unable to meet the capital needs of soil pollution control and remediation.The shortage of funds is becoming more and more serious,which seriously hinders the pace of national soil pollution control.In view of this,China has accelerated the establishment of the legal system of soil pollution prevention and control fund.The soil pollution prevention and control fund is a government investment fund for the whole process.It is different from the special fund for soil pollution prevention and control.Therefore,it has the dual nature of government leadership,public welfare and economy,which is in line with the characteristics of China’s socialist market economy.The soil pollution prevention and control fund can well solve the fund gap of soil pollution prevention and control,and has the public trust theory and the socialization filling theory of ecological damage as the theoretical support,so the soil pollution prevention and control fund system came into being in China.The system includes the basic contents of the fund,such as the source of funds,scope of application,operation rules and supervision rules,and initially forms the institutional framework of the soil pollution prevention and control fund.However,from the perspective of fully implementing the soil pollution prevention and control fund,there are problems of low legislative level in the form of the system,and there are also some problems in the fund,scope of application,operation rules and supervision mechanism in the content of the system.Compared with China,the soil pollution prevention and control fund system in the United States,Germany,Japan and Chinese Taiwan developed earlier,and the theoretical and practical experience are relatively mature.There are many advantages,of course,there are also some deficiencies.China should take its essence and discard its dross,and improve it in combination with China’s soil pollution situation and the problems existing in the soil pollution prevention and control fund system.To improve this system,we should first follow the basic principles of macro-control,improve its legislative level from the system form.We should expand the fund scale of the soil pollution prevention fund from the system content,clarify its scope of application,perfect the operation rules and supervision mechanism,so as to implement and improve the soil pollution prevention fund system as soon as possible.Provide strong financial support for soil pollution prevention and remediation.