Research On The Construction Of The Responsibility System For Beneficiaries Of Urban Polluted Sites In China

Urban land is closely bound up with the urban development.Large areas of contaminated lands have frequently appeared in urban areas in China,which not only has exacerbated the sharp contradictions between people and land,but also severely polluted the environmental medium of deep soil of city,surface water and ground water,endangering people’s production and life.As the guiding theory of China’s environmental pollution administration,the principle of "polluter pays" has always been playing an important role in the remediation of contaminated soil but faced theoretical and practical dilemma in the repairing of urban contaminated lands.The status of remediation of China’s urban contaminated lands showed that the existing theory of behavior responsibility has been unable to fully solve the new type environmental pollution problems.Therefore,the principle that the economic beneficiaries derived from the environment should bear the responsibility of protecting and improving environment,as the substantial beneficiary need undertake came into being.In addition to the introduction and the conclusion,the paper is divided into four chapters.The first chapter defined the related concepts of repairing liability of China’s urban contaminated lands beneficiaries,and the connotations of urban contaminated lands,beneficiaries and repairing liability of beneficiaries.The second chapter discussed about the necessity of the repairing liability system of China’s urban contaminated lands beneficiaries.Firstly,the construction of the repairing liability system of beneficiaries could make up for the limitations of polluter pays principle.Secondly,the repairing liability system of beneficiaries could conform to some law theories;finally,the repairing liability system of beneficiaries enables to ease the tension of urban lands.The third chapter demonstrated the feasibility of the repairing liability system of China’s urban contaminated lands beneficiaries and proved that the repairing liability system of beneficiaries has feasibility from two aspects of domestic cases and foreign governance experience.The fourth chapter proposed the assumption of construction of the repairing liability system of China’s urban contaminated lands beneficiaries.The first is to discuss about the elements of the repairing liability system of beneficiaries including five aspects of non-existing or without repairing abilities,existing damage facts,beneficiaries do not commit pollutions,and existing economic interests from contaminated lands and the economic interests reaching to a certain extent.The second is to determine the scope of beneficiaries including local governments,land managers and lenders and discuss about the accountability alignment when there is coexistence of several beneficiaries.The third is to determine the accountability range including undertaking assessment,survey and repairing costs,and discuss about the situation that the beneficiaries do not undertake the repairing liability and diminish responsibility.The fourth is to identify the way for beneficiaries to undertake the liability,mainly through two ways of repairing by the third party and beneficiaries themselves.