It is of great significance to establish a law for

2022-08-06
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At present, China still lacks a special law for the prevention and control of soil pollution, and some measures are scattered in laws related to environmental protection, solid waste, land management, quality and safety of agricultural products. The standard system for prevention and control of soil pollution is not sound, and the requirements for these uses, including space exploration, satellites, UAVs, commercial aircraft and helicopters, are unclear. The regulatory authorities lack effective legal basis

On August 31, the fifth meeting of the Standing Committee of the 13th National People's Congress passed the law of the people's Republic of China on the prevention and control of soil pollution, which will be officially implemented on January 1, 2019. This law is a special law in the field of soil pollution prevention and control after the water pollution prevention and control law and the air pollution prevention and control law, and fills the legislative gap in the field of environmental protection, especially pollution prevention and control

"the formulation of soil pollution prevention and control law is of great significance." Zhangguilong, deputy director of the administrative law office of the law working committee of the Standing Committee of the National People's Congress, said: first, implement the decision and deployment of the Party Central Committee on soil pollution prevention; Second, improve the socialist legal system with Chinese characteristics, especially the legal system of ecological environment protection and pollution prevention; Third, provide legal guarantee for Solidly Promoting the "pure land defense war"

what are the highlights of this law? How to ensure that the people "eat at ease and live at ease"? In response to the hot topics of public concern, recently, the relevant heads of the National People's Congress and the Ministry of ecological environment were interviewed and responded

the problem of soil pollution needs to be solved urgently

in the "three major defense wars of blue sky, clear water and pure land", the pure land defense war is called "the war without seeing the smoke of gunpowder". As early as 19, when the bubble expanded faster and faster, in 84 and 1987, China's water pollution prevention and control law and air pollution prevention and control law were issued successively. Why was the soil pollution prevention and control law more than 30 years late

in fact, soil pollution, air and water pollution are also concerned by the society. As a major environmental protection and livelihood project, soil pollution prevention and control has been incorporated into the national environmental governance system. For a long time, the mode of economic development in some areas of China has been extensive, and the total amount of pollutants discharged remains high. As the ultimate receptor of pollutants, soil has been significantly affected

"the results of the first soil pollution survey conducted in China from 2005 to 2013 show that the overall situation of the national soil environment is not optimistic, and the soil pollution in some areas is relatively serious. The overall point exceeding standard rate of the national soil is 16.1%." Zhangguilong said that soil pollution has become a major environmental problem that needs to be solved urgently and a prominent problem in building a well-off society in an all-round way. It is very necessary to legislate

"from the perspective of the formation of pollution and the development of environmental law, it is normal to legislate late." Wangfengchun, deputy director of the bill Office of the environmental protection and Assets Supervision Committee of the National People's Congress, introduced that the legislation on soil pollution prevention and control in developed countries is generally 10 to 20 years later than that on air, water and solid waste pollution prevention and control

"this is determined by the characteristics of soil pollution itself." Wangfengchun explained that soil pollution is caused by the long-term accumulation of pollutants such as air and water pollution, which usually lags a long time from the occurrence to the occurrence of problems. At the same time, soil pollution has the characteristics of concealment, hysteresis, accumulation, non-uniformity, irreversibility and long-term. It is often called "invisible pollution". Scientific understanding also needs a process

in addition, air and water pollution are the source and soil pollution is the consequence. It is necessary to prevent and control air and water pollution before effectively preventing and controlling the deterioration of soil pollution. "The technology and management of soil pollution investigation, monitoring, prevention and control are relatively complex, and are based on pollution prevention and control technologies and management means such as air, water and solid waste." Wangfengchun said

who is responsible for soil pollution

in recent years, there have been incidents of small chemical, smelting, electroplating and other contaminated plots in some areas. After several changes, it has been impossible to identify the person responsible for soil pollution, resulting in the difficulty of treatment and restoration. How to solve the problem of soil pollution has become the focus of social concern

"the formulation of the law on prevention and control of soil pollution is to prevent this from happening. The general provisions of the law stipulate that any organization and individual have the obligation to protect soil and prevent soil pollution." Fu Sha, deputy director of the bill Office of the environmental protection and assets supervision and Administration Commission of the National People's Congress, said that effective measures should be taken to prevent and reduce soil pollution, and the resulting soil pollution should be borne in accordance with the law, if the land use right and speed control are not accurate enough for people to engage in land development and utilization activities, and enterprises, institutions and other production and business operators to engage in production and operation activities; Local governments at various levels shall implement 1200mm for soil pollution in their respective administrative areas × Responsible for prevention and safe utilization of 1000mm standard pallet

for the contaminated land, the soil polluter should bear the responsibility first. "This is also a basic principle in the field of environmental protection." Zhangguilong told that the law, on the one hand, made it clear that the prevention and control of pollution is common to the whole society, on the other hand, it also made clear the specific polluted plots, and improved the soil pollution mechanism in terms of system

according to the law, soil polluters have the obligation to implement the risk control and remediation of soil pollution and bear the costs of implementing the risk control and remediation. "If the soil polluter cannot be identified, the land-use right holder shall implement risk control and remediation." Zhangguilong introduced that the land use right holder, as the right subject, enjoys the right to dispose of the use proceeds, but also has relevant obligations

what should I do if there is ambiguity or controversy? "Where the polluter of the soil is not clear or there is a dispute, the agricultural land shall be determined by the competent departments of agriculture, rural areas, forestry and grassland of the local people's Government in conjunction with the competent departments of ecological environment and natural resources, and the construction land shall be determined by the competent departments of ecological environment and natural resources of the local people's Government in conjunction with the competent departments of natural resources." Fu Sha responded that this "identification" process was not random, but carried out in accordance with legal procedures. The law requires the competent department of ecological environment under the State Council to formulate identification methods in conjunction with relevant departments, and conduct identification in accordance with the provisions of the identification methods

how to reduce and avoid cultivated land pollution

preventing and controlling soil pollution is directly related to the quality and safety of agricultural products, the health of the people and the sustainable development of economy and society. "This law is a law designed to ensure that the people can live and eat at ease." Zhangguilong said

at present, some cultivated land that has been polluted to a certain extent is still producing food. How to reduce and avoid such incidents? Zhongbin, deputy director of the soil Department of the Ministry of ecological environment, responded: "in order to ensure the safety of agricultural production environment, the law on the prevention and control of soil pollution and the action plan for the prevention and control of soil pollution issued by the State Council" Special institutional arrangements have been made, that is, the classified management system of agricultural land has been established: the cultivated land with mild and moderate pollution, which can be understood as' Sub-Health 'in popular terms, is classified as safe use; Heavily polluted arable land, which can be understood as' sick 'in popular terms, is classified as strictly controlled. "

for the safe use of cultivated land, formulate and implement the scheme for the safe use of contaminated cultivated land, and take measures such as agronomic regulation and alternative planting to reduce the risk of exceeding the standard of agricultural products; Strengthen the management of the use of strictly controlled cultivated land, delimit the prohibited production areas of specific agricultural products according to law, and prohibit the planting of edible agricultural products; Formulate and implement a plan to adjust the planting structure of heavily polluted cultivated land or to return farmland to forests and grasslands

"the law on prevention and control of soil pollution does not advocate blind large-scale treatment and restoration." Zhong Bin said that this idea has learned from the experience and lessons of foreign countries for decades and is also in line with China's national conditions. For example, for polluted agricultural land, measures such as agronomic regulation, alternative planting, planting structure adjustment and returning farmland to forest and grassland can be taken to realize the safe use of soil; For contaminated construction land, remediation measures to eliminate or reduce soil pollution can prevent and control risks; When it is not economically and technically feasible to completely eliminate pollution, measures such as isolation to cut off or control exposure routes can also be taken to prevent and control risks

Zhao Ke, deputy director of the regulations and Standards Department of the Ministry of ecological environment, said that the first is to follow the principle of prevention first, protection first and reduce pollution. To this end, the law has created a directory of key supervision units of soil pollution, and stipulated that key supervision units should strictly control the discharge of toxic and harmful substances, establish a hidden danger screening system of soil pollution, and formulate and implement self-monitoring plans; The management standards for the use and recycling of veterinary drugs and pesticides have been made; Strengthen the protection of uncontaminated soil and unused land

"in terms of punishment, severe punishment has been imposed, and strict laws have been set for illegal acts that pollute the soil." Zhao Ke introduced. In accordance with the law, those who illegally discharge pollutants into agricultural land, or fail to take risk control measures or repair in accordance with the provisions, and whose circumstances are serious, shall be detained. The "double penalty system" shall be implemented for illegal acts such as failure to carry out risk control or repair in accordance with the provisions, which will not only impose penalties on illegal enterprises, but also impose fines on relevant personnel of enterprises

"for serious illegal acts such as issuing false soil pollution status investigation, soil pollution risk assessment and so on, the unit shall be banned from business and the relevant personnel shall be banned from business for ten years; if a crime is constituted, the relevant personnel shall be banned from business for life; if the unit colludes with the client maliciously, it shall also bear joint and several liabilities with the client for the damage caused. For serious illegal acts of polluting soil, criminal responsibilities shall be investigated according to law." Li Shenqiu, deputy director of the administrative law office of the law working committee of the Standing Committee of the National People's Congress, said

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