论中国土壤污染防治法律的完善  

Legal Problem of Prevention and Cure of Soil Pollution in China

作　　者：刘丹[1] 魏鹏程[1] 

机构地区：[1]重庆大学法学院,重庆400044

出　　处：《资源科学》2008年第4期508-512,共5页Resources Science

基　　金：中国法学会2006年重点课题〔课题号:CLS(2006)ZD08〕

摘　　要：随着我国快速的工业化、城市化进程以及化肥农药在农业生产中的普遍施用,土壤污染问题日益突出,使经济的持续发展和生态环境保护具有不确定性。本文首先对土壤污染的概念及我国土壤污染现状做了扼要的叙述,对我国土壤污染防治法律的现状进行了评述,结合西方主要发达国家德国、美国和日本的土壤污染防治立法的经验和我国的具体情况,提出了我国土壤污染防治应在现行立法的基础上,树立生态优先与生态整体观念,确立"谁污染谁治理"的原则,实际操作中对重污染区和退化严重的地区进行重点防治,实施统一监督管理与部门分工负责管理的行政管理体制,严格追究土壤污染的法律责任。With the fast industrialization, urbanization process and generally using of chemical fertilizer pesticide in agricultural production, the soil pollution more serious day by day in China. This article first makes a brief narration for the concept of the soil pollution and the current soil pollution situation in China, and then reviews the status of the law of the prevention and control of soil pollution, finally combines the experiences that legislation of the prevention and control of soil pollution in western main developed country, such as Germany, U. S.A. and Japan, with detailed conditions of our country, it is suggested that the prevention and control of soil pollution in our country should establish the preferential and ecological organic conception of the ecology on the foundation of the current legislation, while building and constructing relevant legal norm or legal system of preventing and curing soil pollution, implant the idea of ecological globosity into it, grasp course and mechanism of various cycles, such as atmosphere, water, nitrogen, synthetically consider the ecological safety of soil with contents of various fields, such as the atmosphere, water, grain, human behavior, establish rational legal norm and adjustment mechanism. The next degraded in the serious area and prevent and cure to the heavy contaminated area especially, according to the state of development of industry and agriculture in our country, mark the seriously polluted or may be polluted land again, suit measures to local conditions, divide the area and adopt the corresponding countermeasure. And then construct the principle of “who pollutes, who undertakes responsibility”, the organization or individual cause the pollution of the soil, have the responsibility to control its pollution sources and polluted soil. And take important preventive measures in the heavy polluted area and serious degraded area in practical operation, implement administrative system which is a unified supervision and management with the departme

关 键 词：土壤污染 现状 防治 法律构建 

分 类 号：D922.68[政治法律—环境与资源保护法学]