Legal Research On The Establishment Of Remediation System Of Contaminated Site In PRC

Nowadays, our city expands at a rate ranging from5%to10%per annual.In order to adjust the industrial structure, many factories including somechemical industries are forced to move to the suburb from the downtownleaving seriously contaminated sites. While for the pursuit of short-termbenefits, some authorities auctions these contaminated sites withoutremediation them first, which endanger the health of public andenvironment. Contrary to the rapid city expansion, the development ofremediation system of the contaminated sites in our country is verybackward. Not only the lack of relevant special legislation, but also theonly standard used to judge whether a land is contaminated is issued in1995which apparently out of date.However, some developed countries have attached much importance onthe soil pollution as early as30years ago, and have established a perfectsystem, in which the Comprehensive Environmental Response, Compensation,and Liability Act (also called “The Superfund Act”) in United Statesis most representative. This act establishes a “superfund” which isspecially used to remedy the contaminated sites. This fund system playsa pivotal role on the remediation and is followed by many other countries. This paper is aimed to provide suggestion on the establishment of ourremediation system of the contaminated sites through the analysis of theimportant policies and amendments of the Superfund System.This paper is divided into4parts:Part one is the basic theory of contaminated sites. The term“Contaminated sites” is introduced from abroad, different country hasdifferent definition on it, while express the similar meaning. Then, thewriter would introduce differences pollution characteristics among soilpollution, water pollution and air pollution. At last, the remediationtrend of contaminated sites in China would be elaborated.Part two is the introduction Superfund System in United States. Thispart would begin with the historical events which motivates the generationof Superfund Act, and then the amendments of this act would be introduced.At the same time, the writer would analyze two famous policies: superfundpolicy and potential responsible person policy. At the end of this part,the writer not only praises the good international influence of this act,but also sums up the defects of it.Part three is the introduction the status quo of soil environment.Form the serious pollution of soil environment in our country, the writerintroduces the characteristics of Chinese soil pollution, and points outthe existing problems need to be settled, aiming to draw the followingsuggestion part.Part four is the core of this paper, mainly the establishment of theremediation system of contaminated sites in our country. With thegroundwork of the three foregoing parts, this part would provide somesuggestions on the problems mentioned above. With respect to the lack oflegislation, the writer puts forward the legislation of Soil PollutionPrevention Law; with respect to the shortage of remedy fund, the writesuggest an ally between official fund and social fund; and with respectto the backward of soil quality standard, the writer recommends to renew it, and so on.