耕地污染防治立法问题研究

A Study of Issues on Legislation on the Control of Farmland Pollution

我国日益严重的耕地污染状况,危及农业发展、农产品安全和人们的生命健康,对耕地污染防治的重要性突显。制定耕地污染防治的专门法律,统领目前分散且过于原则化、缺乏操作性的相关耕地污染防治规定是现实的选择。为此,要确立耕地污染防治立法原则,建立耕地污染监测、预防、修复、整治基金、法律责任等耕地污染防治的特有制度,构建以耕地污染防治专门立法为核心,与其他立法中耕地污染防治规定整合、协调的法律体系。

The increasingly serious farmland pollution in China has been detrimental to agricultural development,agricultural products and people’s life and health as well,hence the outstanding significance of controlling the very pollution. It is a practical option to articulate a special law governing the control of farmland pollution,with which to command the existing relevant provisions that are much too dispersed,general and less operable. Therefore,it is necessary to establish the pollution- control- based legislative purpose,together with relevant distinctive mechanisms for farmland pollution control in terms of monitoring,precaution,rehabilitation,consolidation funding and legal liabilities. Thus such a legal system can be formed with a special legislation of farmland pollution control as a core,coupled and coordinated with the provisions set out in other forms of legislation on farmland pollution control.