The predatory agricultural production mode has made the soil pollution of agricultural land worse and worse for a long time in China.Figuring out the right attribute of agricultural waste,this paper systematically combed the legal system of agricultural waste reduction and recycling,and found that:(1) The legistation on agricultural waste reduction and recycling lags behind; (2) There is a structural imbalance in legal rectification,featured by emphasis on end treatment other than source reduction; (3) The ambiguous legal responsibility,the simplicity in legal sanction and light penalties still exist.Finally,this paper proposed that:(1) The focus of leigislation be adjusted with emphasis on both source reduction and end treatment; (2) The principle of legislation and the liability subject be clarified in the process of agricultural waste treatment; (3) An investigation and accountability system be constructed to specify the subject responsibility and accountability.