【Abstract】 Soil is the "Life of the base, the mother of all things," constitute the basic environmental elements of the ecosystem is one of mankind's survival and development of material basis of social production activities in the most basic means of production, it also is the species of plant and animal habitat, reproduction and growth and development of the place. However, with the rapid development of China's rapid economic, especially industrial development, the soil development intensity increases, emissions of pollutants to the soil more and more, resulting in declining soil quality, leading to food, vegetables, and cut fruit, and even endanger people's health, and even lives. The severity of soil pollution in China and around the world has become a major issue of common concern, to use legal means to protect the limited land resources, prevent soil pollution, to ensure the safety of the soil has become a must. China's current soil pollution prevention and control involves many of the laws and regulations, such as "Water Pollution Prevention Law," "Air Pollution Prevention Law," "Land Management Law", etc., but these laws are the provisions related to environmental issues in relation to this, on soil pollution prevention and control requirements are not comprehensive, in-depth, and the prevalence of strong principle, the lack of systematic, targeted and operability problems. Looking at all the legislation, can be seen in the fight against soil pollution law basically is blank, no information on soil pollution, soil pollution prevention and control of the definition, not raised soil pollution prevention and control objectives, principles and management system, there is no feasible soil pollution prevention and control of the institutional arrangements, and even soil contamination caused by the conduct under no legal obligation requirements. Therefore, in order to effectively curb China's soil pollution, protect the soil environment, China needs to develop a special "The People's Republic of China Soil Pollution Prevention Law", for soil pollution prevention and control of the basic principles and provide for the basic system, improve the soil pollution prevention and control of China legal system. In this paper, from our need for soil pollution prevention and control legislation, foreign status of soil pollution prevention and control legislation, legislation on soil pollution prevention and control status and shortcomings, and improve the legislation on soil pollution prevention and control discussed in four aspects. Mainly through the foreign part of the developed countries and China in the legislative practice of soil pollution prevention and control compared to identify deficiencies in China in this regard, soil pollution prevention and control of China put forward a sound legislative proposals

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