畜禽养殖污染防治的法律体系现状及思考

Reflection on current legal system in pollution prevention of livestock industry

随着中国畜禽养殖业的集约化发展,畜禽养殖污染防治变得愈加重要。2001年以来中国陆续出台了一系列有关畜禽养殖污染防治的法律法规,但面对当前日益严峻的形势,这些法规显现出了自身的不足。梳理了中国有关畜禽养殖污染防治的法律体系,介绍了美国、欧盟等地区的法律法规,对比了国家层面与地方层面、中国与欧美等地区的相关法律法规,发现中国部门规章制度较多、但具有法律效力的法律法规较少,污染物相关标准限值较严格,对地方差异欠考虑及中国法律法规缺乏具体的实施细则,操作性不强等不足之处。

With the development of large-size livestock farming in China, it＇s getting more significant to prevent the livestock pollution. Though, dating back to 2001, series of laws and regulations against the livestock pollution were carried out in China, the current legal system is still lack of provisions when facing worse pollution situation. In this pa- per,the legal systems of pollution prevention of livestock industry in China, Europe and America were presented, and comparisons were made between the local government and national level, domestic and overseas. Despite of numerous regulations in pollution prevention of livestock industry,there were quite fewer laws had the legal effect, and lack of im- plementation details made them impractical. Besides, some pollutant standards may be too strict to less developed area.