Study On The Subjects Of Soil Pollution Remediation Liability

In theory, generally considered, concerning the distribution of soil pollution remediation liability, polluter paying principle is the first principle. When the polluter paying principle cannot be applied, according to the principle of tax payment, the Government is responsible for the remediation of soil pollution. However, confirming the subject of soil pollution remediation is not so simple. If the law states that the polluter bears responsibility for remediation of soil pollution, and the polluter takes steps to remedy soil pollution, it needs legal process to identify the polluter. Polluter identification is not easy, which may not be conducive to the timely remediation of soil pollution. In addition, when the absence of polluters occurs, the government fully assumes responsibility for soil remediation, in which case government finances hardly afford. Contaminated land related party bearing the responsibility for soil remediation has a legal basis, meanwhile makes it easy to identify the main body of the liability of soil remediation in practice. Determining the main responsibility for remediation of soil pollution is essentially the responsibility of the distribution and balance among soil pollution remediation polluters, related party of polluted land and government.Under the system of land ownership in China, related party of the land mainly refers to land user. Local legislation of land prevention and remediation has included land user within the scope of the main body of the liability of soil remediation. The design of law in soil pollution remediation liability should seek the best balance among soil pollution remediation polluters, related party of polluted land and government, and at the same time, absorb the reasonable part of existing law as much as possible. Also important to note is that agricultural land pollution and contaminated sites are different in terms of pollution reasons, for example, the polluter characteristics, which determines the agricultural soil remediation system defers from that of contaminated sites.