Study On The Contaminated Site Remediation Legal System

In recent years,with the continuous progress of industrialization and urbanization in China,the continuous deepening of industrial structure transformation and upgrading has led to a large number of industrial enterprises with relatively backward development in many cities,which have been shut down by the government,merged and transformed,or even forced into bankruptcy or migration,leaving large areas of polluted land in the cities,which are the contaminated sites.If the contaminated site cannot be reused for further development,it will become a "toxic tumor" in the city,which will not only affect the whole appearance of the city,but also hinder development of the sociaty and economic construction in these cities.In addition,these toxic lands,if not properly cleaned in time,can also pose a serious threat to the survival and development of various life individuals living in their environment,especially the human themselves.It is a systematic project to remedy the contaminated site and restore it to the ecological function and social benefit of the environment itself.From the perspective of legal system,legal system of the contaminated site remediation in China are facing the problems,such as the design of remediation liablity system is not reasonable,contaminated site remediation related standard system is not sound,the gap of remediation funding is still huge,is the institutional problem that restricts the practice and development of the contaminated site.In view of the above problems,we can draw lessons from the excellent experience of the United States and Germany on the remediation practice of contaminated sites,and re-examine and design legal system of the contaminated site remediation in China.Firstly,designing the remediation liablity for contaminated site remediation scientifically.In terms of the principle of imputation,strict liability and fault liability should be strictly classified;In terms of retroactivity of legal force,the legal norm should have the retroactive effect to solve the problem of remedying the historical contaminated site,but should be limited in their application conditions;In terms of distribution of remediation liablity,it is appropriate to apply several liability as the priority and the joint liability as the supplementary application.Secondly,improving contaminated site remediation related standard system in China.On the one hand,use the compulsory standards as the main content of the standard system;On the other hand,integrate the standard system that related the whole process of management technology for contaminated site remediation.Finally,widen the channel of the contaminated site remediation funding sources.Governments at all levels shall establish special remediation fund for contaminated site,strengthening the support of the state for contaminated site management.The state shall actively introduced tax and credit policies to facilitate the contaminated site remediation.It can not only raise the environmental awareness of enterprises,but also attract social capital to participate in project of the contaminated site remediation.It is also possible to improve capacity of enterprises risk bearing by perfect environmental pollution liability insurance system.In a word,remeding the contaminated sites is to provide basic support for economic and social development,fill the shortage of land resources,realize sustainable use of land resources,at the same time,it can guarantee quality of people’s living environment.Efforts to build a harmonious society of Green Development-Resource Conservation-Good quality of life.