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Preliminary Review of Soil Pollution Prevention Law to make up for lack of pollution control laws

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Preliminary Review of Soil Pollution Prevention Law to make up for lack of pollution control laws

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[Abstract]:
全国人大环境与资源保护委员会副主任委员罗清泉6月22日在十二届全国人大常委会第二十八次会议第一次全体会议上向大会作关于《中华人民共和国土壤污染防治法(草案)》的说明(下称“说明”)时表示,目前,我国尚缺乏土壤污染防治的专门法律,部分措施分散规定在有关环境保护、固体废物、土地管理、农产品质量安全等法律中。他强调,制定土壤污染防治法,建立有效的法律制度和配套的标准、规范,对于依法规范土壤污染防治行为,

Luo Qingquan, vice chairman of the Environment and Resources Protection Committee of the National People's Congress, addressed the General Assembly on the Soil Pollution Prevention Law of the People's Republic of China at the first plenary session of the 28th meeting of the Standing Committee of the 12th National People's Congress on June 22. The description of “)” (hereinafter referred to as “the explanation”) indicates that at present, China lacks special laws for the prevention and control of soil pollution, and some of the measures are decentralized and stipulated in laws relating to environmental protection, solid waste, land management, quality and safety of agricultural products. He emphasized that the establishment of a soil pollution prevention and control law and the establishment of an effective legal system and supporting standards and norms are of great significance in regulating soil pollution prevention and control according to law, minimizing soil pollution, and ensuring the quality and safety of agricultural products and public health.

The important status and franchise of soil pollution prevention need no words, and it is of vital importance to the development of all aspects of China's economy and society. The explanation points out that soil is one of the basic elements that make up an ecosystem, a material basis for human survival, and an indispensable and precious resource for human society. Soil pollution problems and atmospheric and water pollution issues are also of concern to the whole society. Soil pollution prevention and control, as a major environmental protection and livelihood project, has been incorporated into the national environmental governance system.

Soil pollution prevention legislation urgently

For a long time, China's economic development mode has been relatively extensive, and the total amount of pollutants discharged has remained high. The soil as the ultimate receptor for pollutants has been significantly affected. According to the explanation, the results of the survey of soil pollution conducted in China for the first time from 2005 to 2013 show that the soil environmental conditions in the country are generally not optimistic and soil pollution in some areas is heavy. The national soil exceeds the standard rate of 16.1%, among which the proportions of minor, mild, moderate and severe pollution are 11.2%, 2.3%, 1.5% and 1.1%, respectively.

“The problem of soil pollution is becoming a major environmental issue that needs to be solved and a prominent issue in building a well-off society in an all-round way.” Luo Qingquan explained the necessity and feasibility of soil pollution control legislation in China in three aspects. In addition to the lack of a legal system for the prevention and control of soil pollution in China, it is urgently necessary to formulate specific laws. He pointed out that the legal responsibility for soil pollution prevention and control is not yet clear, and it is also necessary to establish a responsibility system.

Luo Qingquan introduced that because soil pollution has hidden, lagging, cumulative and regional characteristics, as well as difficult governance, long cycle, etc., coupled with many problems left over by history, the legal responsibility for soil pollution prevention and control is not clear, accountability and cost recovery system Not yet formed.

Obviously, the relevant system does restrict the development of specific work on responsibility recognition and soil pollution prevention and control. “Establishment of the Law on the Prevention of Soil Pollution not only clarifies the responsibilities of all parties and can reasonably and effectively solve and allocate prevention and control costs, but also enhance the people’s awareness of preventing and controlling soil pollution, mobilize the enthusiasm of all sectors, and form a concern, support and participation in soil pollution. A good situation for prevention and control," said Luo Qingquan.

In addition, soil pollution prevention and control work is weak, the need for special legislation to regulate the system is also an important reason for the need for legislation as soon as possible. “The foundation of soil pollution prevention and control in China is very weak, and a complete system and management system has not yet been established, which has led to the unscientific and systematic implementation of soil pollution prevention and control in most regions.” Luo Qingquan pointed out that there is no need to formulate a special law on the soil. The complete work flow of pollution investigation, risk assessment, risk management and control, and repair-to-repair assessment is scientifically standardized.

In terms of feasibility, Luo Qingquan introduced that the State Council promulgated the “Soil Pollution Prevention and Control Action Plan” (ie, the “Tokuji Article”). Detailed investigation of soil pollution and construction of monitoring networks are proceeding according to the plan, and the soil pollution prevention and control standard system is gradually established. These efforts have all contributed to the in-depth development of soil pollution prevention throughout the country and have promoted the formulation of this Law.

Focus on the national long-term interest draft content

The explanation pointed out that in accordance with the overall requirements for the construction of ecological civilization and environmental protection in China, the draft highlighted that "in order to improve environmental quality as the core, implement the most stringent environmental protection system," and use legislation as a fundamental measure to solve soil pollution problems, based on the development stage in China. The reality is to focus on the long-term interests of the country and to make soil pollution prevention and treatment work lawful and orderly.

Luo Qingquan introduced the working principles followed by the draft, including sticking to problem orientation, summarizing the main problems in soil pollution control work and effective experiences in practice, and formulating measures for solving outstanding problems; prevention-based, protection priority, and prevention and control The overall thinking; based on the current status of soil pollution prevention and the division of responsibilities of the State Council department, set up the behavioral norms and supervision and management systems of relevant legal entities; pay attention to the mutual connection between laws for the prevention and control of pollution from atmosphere, water and solid waste, and enhance the pertinence of the law. And operability and so on.

For the purposes of legislation, the instructions were also clearly defined one by one, including the prevention and control of soil pollution; the protection of the quality and safety of agricultural products and public health; the sustainable use of soil resources; the protection and improvement of the environment; In addition, the notes also describe government, corporate, and public soil pollution prevention and control obligations, standards, investigations, and planning systems, prevention and protection, risk management and rehabilitation of soil pollution, and economic measures for soil pollution control.

Clearly the responsibility of the main body is crucial to prevent and control soil pollution. Luo Qingquan said that the government, enterprises and the public have different responsibilities in the prevention and control of soil pollution. In order to make each responsible, the draft stipulates the management system of the soil pollution prevention and control work, government responsibilities, target responsibilities and assessments, and lays down the general rights and obligations of units and individuals, and establishes the owners of soil pollution prevention and control, land use rights. People and the government assume the institutional framework of responsibility for prevention and control.

In addition, it is worth noting that the draft has specifically set up a chapter on “Economic Measures for the Prevention and Control of Soil Pollution”, which stipulates that funds for soil pollution will be solved through various channels and methods. First, the government is required to adopt economic policies and measures such as fiscal, tax, price, and financial, which are conducive to prevention and control of soil pollution, and encourage enterprises to participate in soil pollution control through market operations. Second, people's governments at various levels should arrange necessary funds for soil pollution. Prevention work, strengthening performance management, and ensuring the effectiveness of the use of funds; Third, the state establishes a system of soil pollution prevention and control funds and establishes central and provincial soil pollution control funds.