The Research Of Responsibility Subject On Soil Pollution Control

The key element of environment is soil,and the essence of living and producing for people is lands.In 2014,the Ministry of Environmental Protection and the Ministry of Lands and Resources of the State Council in China had issued the Survey Communique of Soil Pollution in China.In accordance with the survey contents,which showed that Chinese people faced a serious situation for the severe soil pollution and taking effective measures to prevent soil pollution was just around the corner.The fundamental of bringing the soil pollution under control must be the precise rules and regulations,and thereinto,the perfect subject system could clear and definite the responsibility subject and ensure the effective preventions of soil pollution control,and directly influent the result of soil pollution control.The paper,with four parts,has described and analyzed the definition of the responsibility subject on soil pollution control,the current situations and problems of China’s legal norms,and the analysis and recommendations of extraterritorial legislation,etc.,and the research includes:The first part attempts to define the responsibility subject on soil pollution control,to clarify the responsibility subject and the subject of tort on soil pollution control,and to point out the practical meaning of defining the responsibility subject on soil pollution control.The second part attempts to list Chinas laws and regulations about the responsibility subject on soil pollution control.Based on the analysis of current legislative situations,the paper finds the problems which are imbalance of interest selection,unitary responsibility subject,systematic deficiency,and low operability,etc.The third part states the fact that stones from other hills may serve to polish the jade of this one.Through the discussion of extraterritorial legislation system and the concrete content,and on the basis of the experience and practical gain and loss analysis of extraterritorial legislation,the paper attempts to give suggestions on improving China’s responsibility subject on soil pollution control.The last part discusses how to improve Chinas responsibility subject on soil pollution control,based on the problems of legislation deficiency in our country,and combined with the experience of extraterritorial legislation.Polluters,as the responsibility subject of pollution control,are the proper meaning of polluter pay.On this basis,the paper analyzed legally the responsibility of enterprise change,successor and shareholder after termination on soil pollution control.However,the mode of "behavior responsibility" ignores the state of "property",which leads to the failure of polluter recognition and the absence of responsibility subject when there is no polluter."State responsibility" determines state responsibility subject by the management in fact to the land.When the "property" state changed,i.e.there is damage to the land,in order to control soil pollution timely and effectively,land user,as state responsibility subject shall manage the land.In addition,there is legal basis that the government,as the provider of public services,the seller or the allocator of land,shall be responsible for soil pollution control.Therefore,in order to enrich Chinas responsibility subject of soil pollution control,the polluter,land user,and the government shall.