我国耕地污染防治的立法研究
发布时间：2019-05-07 23:04
【摘要】：土地是重要的环境要素,耕地更是土地中的精华,关系到人类的生存和经济社会发展。然而,由于种种原因,目前我国耕地的污染形势越来越严峻,不仅严重威胁到人们的身体健康,而且引发了众多的社会问题。经探究,欠缺专项法律对耕地污染进行调整,缺乏完善的耕地污染防治制度规范是耕地污染愈演愈烈的根本原因。纵观主要发达国家,他们在上世纪六七十年代就开始了耕地的污染防治,并通过不断的立法和实践活动有效遏制了耕地的污染,这其中也为我们提供了很多有益的经验。因此,本文以耕地污染防治的立法为切入点,在对耕地污染的原因进行分析和专项立法背景进行考察后,通过完善立法来构建符合我国国情的耕地污染防治制度。 本文共分六个部分展开论述。文章第一部分是引言。第二部分在分析了耕地污染的严峻形势和污染治理的困境后指出耕地污染的主要原因,其表现为耕地污染防治法律的缺位,环保部门的监管不到位和公众的环保意识淡薄等几个方面。第三部分对我国耕地污染防治相关立法的历史发展进行梳理,并对其中的法律规定进行了剖析,在深入研究的基础上指出我国在耕地污染防治立法方面所取得的成就和不足。第四部分在对主要发达国家美、德、日关于耕地污染防治的相关立法介绍和分析后,提出值得我国立法借鉴的有益经验。第五部分,是文章的主体部分,在以上研究的基础上提出应进行耕地污染防治的专项立法,并进行了专项立法的可行性和困境分析,接着提出了专项立法应坚持的基本原则,并着重介绍了专项立法中应构建的耕地污染防治法律制度。第六部分,是文章的结语。 本文认为,在我国进行耕地污染防治立法是必要的,也是可行的。只有构建了完善的法律体系,才能有效地遏制目前土地污染不断恶化的趋势,为我国经济、社会的可持续发展提供不竭的动力。
[Abstract]:Land is an important environmental factor, cultivated land is the essence of land, related to human survival and economic and social development. However, due to various reasons, the pollution situation of cultivated land in China is becoming more and more serious, which not only seriously threatens people's health, but also causes many social problems. After inquiry, the lack of special laws to adjust cultivated land pollution, the lack of a perfect system of farmland pollution prevention and control system is the fundamental reason for the growing pollution of arable land. Throughout the major developed countries, they began to prevent and control cultivated land pollution in the sixties and seventies of the last century, and through continuous legislation and practical activities to effectively curb the pollution of cultivated land, which also provides us with a lot of useful experience. Therefore, taking the legislation of cultivated land pollution prevention and control as the starting point, after analyzing the reasons of cultivated land pollution and investigating the special legislative background, this paper constructs the cultivated land pollution prevention and control system in accordance with the national conditions of our country by perfecting the legislation. This paper is divided into six parts. The first part of the article is the introduction. The second part points out the main reasons of cultivated land pollution after analyzing the severe situation of cultivated land pollution and the predicament of pollution control, which is manifested in the absence of the law on the prevention and control of cultivated land pollution. The environmental protection department's supervision is not in place and the public's environmental protection consciousness is weak and so on several aspects. The third part combs the historical development of the relevant legislation on the prevention and control of cultivated land pollution, and analyzes the legal provisions among them. On the basis of in-depth study, it points out the achievements and shortcomings in the legislation of the prevention and control of cultivated land pollution in our country. In the fourth part, after introducing and analyzing the relevant legislation of the United States, Germany and Japan on the prevention and control of cultivated land pollution in the major developed countries, the author puts forward some useful experiences worth drawing lessons from in the legislation of our country. The fifth part is the main part of the article. On the basis of the above research, it puts forward the special legislation to prevent and control the pollution of cultivated land, analyzes the feasibility and predicament of the special legislation, and then puts forward the basic principles that should be adhered to in the special legislation. It also introduces the legal system of farmland pollution prevention and control which should be constructed in the special legislation. The sixth part is the conclusion of the article. In this paper, it is necessary and feasible to carry on the legislation of farmland pollution prevention and control in our country. Only by constructing a perfect legal system can we effectively curb the worsening trend of land pollution and provide an inexhaustible impetus for the sustainable development of our country's economy and society.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;F323.211
本文编号：2471432
[Abstract]:Land is an important environmental factor, cultivated land is the essence of land, related to human survival and economic and social development. However, due to various reasons, the pollution situation of cultivated land in China is becoming more and more serious, which not only seriously threatens people's health, but also causes many social problems. After inquiry, the lack of special laws to adjust cultivated land pollution, the lack of a perfect system of farmland pollution prevention and control system is the fundamental reason for the growing pollution of arable land. Throughout the major developed countries, they began to prevent and control cultivated land pollution in the sixties and seventies of the last century, and through continuous legislation and practical activities to effectively curb the pollution of cultivated land, which also provides us with a lot of useful experience. Therefore, taking the legislation of cultivated land pollution prevention and control as the starting point, after analyzing the reasons of cultivated land pollution and investigating the special legislative background, this paper constructs the cultivated land pollution prevention and control system in accordance with the national conditions of our country by perfecting the legislation. This paper is divided into six parts. The first part of the article is the introduction. The second part points out the main reasons of cultivated land pollution after analyzing the severe situation of cultivated land pollution and the predicament of pollution control, which is manifested in the absence of the law on the prevention and control of cultivated land pollution. The environmental protection department's supervision is not in place and the public's environmental protection consciousness is weak and so on several aspects. The third part combs the historical development of the relevant legislation on the prevention and control of cultivated land pollution, and analyzes the legal provisions among them. On the basis of in-depth study, it points out the achievements and shortcomings in the legislation of the prevention and control of cultivated land pollution in our country. In the fourth part, after introducing and analyzing the relevant legislation of the United States, Germany and Japan on the prevention and control of cultivated land pollution in the major developed countries, the author puts forward some useful experiences worth drawing lessons from in the legislation of our country. The fifth part is the main part of the article. On the basis of the above research, it puts forward the special legislation to prevent and control the pollution of cultivated land, analyzes the feasibility and predicament of the special legislation, and then puts forward the basic principles that should be adhered to in the special legislation. It also introduces the legal system of farmland pollution prevention and control which should be constructed in the special legislation. The sixth part is the conclusion of the article. In this paper, it is necessary and feasible to carry on the legislation of farmland pollution prevention and control in our country. Only by constructing a perfect legal system can we effectively curb the worsening trend of land pollution and provide an inexhaustible impetus for the sustainable development of our country's economy and society.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.68;F323.211
【引证文献】
相关期刊论文 前1条
1 孙法柏;郭婷;;耕地绿色化保护的环境法律政策整合[J];河南科技大学学报(社会科学版);2013年03期
，本文编号：2471432
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