Chairman, Vice-Chairmen, Secretary-General and members:
????Soil is one of the basic elements of an ecosystem, the material basis for human survival, and an indispensable and precious resource for human society. Prevention and control of soil pollution is directly related to the quality and safety of agricultural products, people’s health and sustainable economic and social development. The problem of soil pollution is equally concerned by the whole society as the air and water pollution. As a major environmental protection and livelihood project, the prevention and control of soil pollution has been incorporated into the national environmental governance system. However, for a long time, China’s economic development mode is relatively extensive, and the total amount of pollutants discharged remains high. As the ultimate receiver of pollutants, soil has been obviously affected. The results of the first survey on soil pollution in China from 2005 to 2013 show that the overall situation of soil environment in China is not optimistic, and soil pollution is serious in some areas. The total over-standard rate of soil points in China is 16.1%, of which the proportions of slightly, slightly, moderately and severely polluted points are 11.2%, 2.3%, 1.5% and 1.1% respectively. 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.
????The CPC Central Committee attaches great importance to the prevention and control of soil pollution. Since the 18th National Congress of the Communist Party of China, the General Secretary of the Supreme Leader has repeatedly stressed the need to strengthen the prevention and control of water, air and soil pollution, and strive to promote the comprehensive management of heavy metal pollution and soil pollution. The "Thirteenth Five-Year Plan" adopted at the Fourth Session of the 12th National People’s Congress clearly stipulates: "Implement classified prevention and control of soil pollution, give priority to the protection of soil quality and safety of agricultural land, and earnestly strengthen soil environmental supervision of construction land." The National People’s Congress Standing Committee (NPCSC) will formulate a law on the prevention and control of soil pollution into the legislative plan of the 12th the National People’s Congress Standing Committee (NPCSC), and the National People’s Congress Environment and Resources Protection Committee (hereinafter referred to as the "Environmental Protection Committee") will take the lead in drafting and submitting it for deliberation. In accordance with the National People’s Congress Standing Committee (NPCSC)’s requirements for the implementation of tasks, time, organization and responsibilities, the Environmental Protection Committee set up a drafting leading group and worked out a work plan and plan. Under the care and guidance of Chen Changzhi and Vice Chairman Shen Yueyue, according to the requirements of scientific legislation and democratic legislation, we have carefully studied the relevant domestic legislation and international legislative experience on soil pollution prevention and control. He went to Shandong, Liaoning, Hunan, Henan, Fujian and other 12 provinces and cities to investigate the situation and listen to the opinions and suggestions of local people’s congresses, governments and their relevant departments, enterprises, experts and scholars on soil pollution prevention and control legislation. Several symposiums, special demonstration meetings and joint departmental meetings were held to study the draft law. The draft was consulted in writing by the relevant departments of 70 central authorities and the State Council, the standing committees of people’s congresses of 31 provinces, autonomous regions and municipalities directly under the Central Government and relevant units, and the Law on the Prevention and Control of Soil Pollution in People’s Republic of China (PRC) was formed.(Draft) (hereinafter referred to as the "Draft"), which was deliberated and adopted by the 28th National Committee of the Environmental Protection Committee, is now explained as follows:
????I. Necessity and feasibility of legislation
????(A) the lack of legal system for the prevention and control of soil pollution, there is an urgent need to formulate special laws.
????At present, there is still a lack of special laws for the prevention and control of soil pollution in China, and some measures are scattered in laws related to environmental protection, solid waste, land management, quality and safety of agricultural products. The standard system of soil pollution prevention and control is not perfect, the requirements are not clear, the responsibilities are not clear, and the regulatory authorities lack effective legal basis. Formulating the law on prevention and control of soil pollution and establishing an effective legal system and supporting standards and norms are of great significance for standardizing the prevention and control of soil pollution according to law, minimizing soil pollution, and ensuring the quality and safety of agricultural products and public health.
????(B) The legal responsibility for the prevention and control of soil pollution is still unclear, and it is urgent to establish a responsibility system.
????Because soil pollution has the characteristics of concealment, lag, accumulation and regionality, and it is difficult to control, and there are many problems left over from history, the legal responsibility for soil pollution prevention and control is not clear, and the system of responsibility investigation and cost recovery has not yet been formed. Formulating the law on the prevention and control of soil pollution can not only clarify the responsibilities of all parties, solve and allocate the prevention and control expenses reasonably and effectively, but also enhance the people’s awareness of preventing and controlling soil pollution, mobilize the enthusiasm of all parties, and form a good situation in which the whole society cares, supports and participates in the prevention and control of soil pollution.
????(3) The prevention and control of soil pollution is weak, and special legislation is needed to systematically regulate it.
????The foundation of soil pollution prevention and control work in China is very weak, and a complete system and management system have not been established, which leads to the failure to carry out soil pollution prevention and control work scientifically and systematically in most areas. The situation of soil pollution is very complicated, which requires a scientific and systematic workflow. On the basis of scientific investigation, we should strictly follow the complete workflow from soil pollution investigation, risk assessment, risk control and remediation to remediation effect evaluation. Therefore, it is urgent to formulate a special law to scientifically and systematically regulate the above processes.
????At present, the prevention and control of soil pollution is being further strengthened. The State Council has issued the Action Plan for Prevention and Control of Soil Pollution, the construction of detailed investigation and monitoring network of soil pollution is progressing according to the plan, and the standard system for prevention and control of soil pollution is gradually being established, which has effectively promoted the in-depth development of prevention and control of soil pollution throughout the country and promoted the formulation of this law. In a word, it is not only necessary but also feasible to formulate the law on the prevention and control of soil pollution and further standardize the prevention and control of soil pollution in China.
????Second, the main content of the "draft"
????According to the overall requirements of China’s ecological civilization construction and environmental protection, the "Draft" emphasizes "improving environmental quality as the core and implementing the strictest environmental protection system", takes legislation as the fundamental measure to solve the problem of soil pollution, bases itself on the reality of China’s development stage and focuses on the long-term interests of the country, so that the prevention and control of soil pollution can be carried out in an orderly manner.
????In the process of drafting the "Draft", the following working principles were mainly followed: first, taking the problem as the guide, summarizing the main problems existing in the prevention and control of soil pollution and the effective experience in practice, and formulating measures to solve outstanding problems; Second, under the general idea of giving priority to prevention, giving priority to protection and combining prevention and control, according to the actual work needs of soil pollution prevention and control, the overall framework and content of the law are designed; Third, according to the particularity of soil pollution and its prevention and control, measures such as classified management and risk control have been taken; Fourth, based on the current situation of soil pollution prevention and control and the division of responsibilities of the State Council departments, the code of conduct and supervision and management system of relevant legal subjects should be established; Fifth, pay attention to the mutual connection with the laws on the prevention and control of air, water and solid waste pollution, and enhance the pertinence and operability of the laws.
????(A) on the purpose of legislation
????The "draft" clarifies that the legislative purpose is as follows: prevention and control of soil pollution; Ensure the quality and safety of agricultural products and public health; Realize the sustainable utilization of soil resources; Protect and improve the environment; Promote the construction of ecological civilization. At the same time, the "Draft" clearly stipulates that "the prevention and control of soil pollution should adhere to prevention first, protection first, classified management, risk management and control, pollution responsibility and public participation".
????(2) Obligations of the government, enterprises and the public to prevent and control soil pollution
????Government, enterprises and the public have different responsibilities in the prevention and control of soil pollution. In order to make it responsible, the "draft" stipulates the management system, government responsibility, target responsibility and assessment of soil pollution prevention and control work; The general rights and obligations of units and individuals are stipulated, and the institutional framework for the responsible person of soil pollution, the land use right holder and the government to assume the responsibility for prevention and control in sequence is established.
????(3) Standards, investigation, monitoring and planning system
????The "draft" clearly requires the establishment of a standard system for the prevention and control of soil pollution, and stipulates that a general survey of soil environmental conditions should be organized every ten years. In order to make up for the long time span of the census, it is also stipulated that the state should implement a monitoring system for soil pollution. In order to prevent the improper use of contaminated soil at the source, the "Draft" stipulates that when formulating and revising land use planning and urban and rural planning, the requirements of soil pollution prevention and control should be fully considered and the land use should be reasonably determined. At the same time, the "Draft" stipulates that national and local soil pollution prevention and control work should be included in the environmental protection plan, and some places need to formulate special plans.
????(4) About prevention and protection
????Almost all pollutants will enter the soil in some way. Theoretically speaking, the prevention of soil pollution should involve the control of many pollution sources such as wastewater, waste gas and solid waste. However, in view of the clear and specific provisions in the existing laws on water pollution prevention and control, air pollution prevention and control, solid waste pollution prevention and control and environmental impact assessment, the "Draft" mainly makes cohesive and supplementary provisions on this. In addition, the "draft" also stipulates that priority should be given to the protection of unpolluted farmland, woodland, garden, grassland and drinking water source soil; Protect ecological land and unused soil.
????(V) Risk control and remediation of soil pollution
????According to the characteristics of different types of land, the "Draft" sets up special chapters to stipulate the risk control and restoration of soil pollution in agricultural land and construction land, and sets up different systems and measures. The classified management system of agricultural land soil is established, which is divided into priority protection category, safe utilization category and strict control category, and different measures are taken; The list system of soil pollution risk control and remediation has been established for the soil of construction land, and the risk control and remediation measures have been stipulated, as well as the implementation procedures of remediation projects and pollution prevention requirements in remediation.
????(VI) Economic measures for the prevention and control of soil pollution
????The "Draft" has a chapter on "Economic Measures for Prevention and Control of Soil Pollution", which stipulates that the funding problem of soil pollution can be solved through various channels and ways. First, the state is required to adopt financial, tax, price, financial and other economic policies and measures that are conducive to the prevention and control of soil pollution, and encourage enterprises to participate in the prevention and control of soil pollution by market operation; Second, people’s governments at all levels should arrange necessary funds for the prevention and control of soil pollution, strengthen performance management, and ensure the efficiency of the use of funds; Third, the state has established a fund system for soil pollution prevention and control, and set up central and provincial soil pollution prevention and control funds.
????In addition, the "draft" also stipulates the contents of supervision and inspection and public participation, and stipulates the corresponding legal responsibilities.
????"People’s Republic of China (PRC) Soil Pollution Prevention Law (Draft)" and the above explanation are appropriate, please review.