The Study On The Subject Of Liabilities Of Contaminated Sites Remediation And Cheanup In China

Soil is an important element of environment, and the land is fundamental to human survival. In the process of industrialization and urbanization in our country, a huge amount of contaminated sites appear due to the excessive emissions, the relocation of enterprises and other reasons, which is harmful to the ecological environment substantially. Contaminated sites remediation and cheanup has become a urging issue in the process of soil pollution prevention and control work.It is necessary to establish and perfect our country’s contaminated sites remediation liability system. Most importantly, subject of the liabilities needed to be stipulated and explicited. Among the existing legal system, the provisions relating to subject of liabilities of contaminated sites remediation and cleanup is not clear and detailed. In this paper, on the basis of using the legislative experience of western countries, combined with China’s actual situation, follow the principle of "polluter, otherwise the beneficiary burden" and the government is ultimately responsible for it..I make the conclusion that the subject of liabilities are the polluter, contaminated sites related person, the government, insurance companies, engaged in environmental protection work related agencies responsible for contaminated sites remediation and cleanup.The first part of this article makes a brief introduction of the basic concept of contaminated site, brownfield, analyzes the necessity of the contaminated site remediation, the law and the grim situation, harm to soil pollution in China’s current soil pollution and soil pollution related subject of liabilities are introduced.The second part introduces the subject of liabilities of contaminated site remediation and cheanup legislative provisions in American, Germany, Japan and Taiwan, and summarizes the principles relevant contaminated site remediation responsibility. Based on reference of foreign relevant legislation and practice experience of gains and losses, puts forward the contaminated site remediation responsibility principle is suitable for the situation of our country.The third part expounds the general subject of liability of contaminated sites remediation, including polluter, contaminated sites related person and other relevant agencies engaged in environmental protection work. Put forward the polluter and contaminated sites related person should take the principle of strict liability, but the polluter should be the primary responsibility for remediation of contaminated sites. Only in the polluter cannot be found, or is unable to assume the liability, liability without remediation contaminated land relationship of talent fault bear the polluted site.Engaged in environmental protection agencies at the time of their wrongdoing, be held accountable in accordance with environmental laws.Section IV expounds the special subject of liability of contaminated sites remediation, including government, insurance companies. Insurance companies bear the responsibility on the basis of environmental liability insurance contract has been in force. When the subject can not afford or other liability can not be fully liable contaminated sites by the government to assume control remediation funds through supplementary liability.