我国农田土壤环境保护法治路径研究

Discussion the Role of Agricultural Producers in the Soil Environment Protection

农田土壤环境危机频现。本文系统梳理了现有关于农田土壤环境的法律制度,提出农田土壤环境保护两大路径即政府主导和农业生产经营者主导,鉴于政府主导的缺陷和农田土壤环境的特殊性,文章建议在农田土壤环境保护中以农业生产经营者为主导。农业生产经营者要担当起农田土壤环境保护的重任,立法应当明确赋予农业生产经营者科学合理使用、防止侵害、治理改良等一系列权利义务。当违反权利义务时,农业生产经营者会被政府行政部门追究相应的法律责任,从而保证农田土壤环境保护走向法治化的轨道。

The deterioration of soil environment is a serious threat to human food safety and healthy,threatening the human of vital importance, so legal protection of farmland soil environment is imminent. This paper systematically analyzes the existing legal system about farmland soil environment, two paths of the soil environmental protection are the government leading and agricultural producers leading. In view of the special nature of the government leading defects and farmland soil environment, the paper selects agricultural producers leading in the soil environmental protection. In order to demonstrate the role of agricultural producers in the soil environment protection in the field,this paper analyzed the domestic and international legal basis, theoretical basis and practical significance. If agricultural producers can bear the responsibility of the environmental protection of soil of farmland,legislation should be made clear to agricultural producers rights and obligations,such as appropriate use of Farmland Soil, to prevent the infringement, to control and improvement and so on. When the violation of rights and obligations, agricultural producers shall bear legal liability, so as to ensure that the farmland soil environment protection into the orbit of the rule of law.