Research On The Responsibility Of Soil Contaminited For Compensation Damage

In the process of industrualization and urbanization,the toxic ground have bad effect on human’s heathy and soil recycle,so how to perfectly solve the problem of soil repairing and compensation of damage become the topic we reserarch.The overall situation of soil contamination of our country is grim,some area being in the serious pollution and accident of toxic ground frquently happening.Putting the case on the record in the court is very diffcult,when the victim ask for the law.Resulting from soil contamination have the characteristic of complexity,chronicity,cumulativity and irreversibility.Once the pollution happening,the damage will be very serious and it will have big diffcult on repairing,so the tort of soil contamination must be aparted from traditional tort,specially on responsibility.We must distinguish the responsibility of repairing and damage compensation,and also we need apply different doctrine of liability on fixation on their’s.Owing to the specia characteristic of damage compensation at the aspect on the scope of liability,doctrine of liability on fixation and execution,our country also lack the law relating with soil,so how to confirm the responsibility of soil contamination in practice have no corresponding conclusion.Foreign country have focused their eyes on soil problem in 1970 s,they have acumulated rich experience on soil maintaniance and pollution prevention.Trough publishing and executing law,setting up fund for environment restoring,foreign country have already maked their responsibility practicable,at the same time,soil pollution problem have also been effectivelly solved.American provides strict,joint and several liability of soil contamination through its SurperFund Act sets.Germany soil pollution prevention law and Dutch soil protection law also have the similar regulation,while Japan set the regulation about performance though its central and local leigislation.Our country lacks specialized law and monograph of soil pollution,meanwhile the standard have been found just now,which unmatched with the situation of the soil contamination,needing maintance and calling on law.The article recommends the special characteristic of soil pollution on the scope of liability,doctrine of liability fixation and execution,meanwhile it combines the situation of our country’s soil pollution and takes example by foreign country,thus the hope that establishs the system of soil pollution damage responsibility can realize and the reasonable suggestion that open the idea of trial can be accepted.The article can divided into five part,introduction.It simply introduces the bakground,content,method of the article and the situation which is at home and at abroad we have researched.After introduce the scope of the liability of soil pollution,soil maintance reponsibility and liability for damage,the article takes up the doctrine of liability fixation for us and tell us how to define the liability of restoring and compensation,which all starting from the serious situation of soil pollution.What’s more,basing on analying the definition among behavior liability,goverment’s responsibility and the liability that results from the connection with whom contributes to the pollution,the article sets forch the execution problem of soil pollution,subrogation and compulsory performance also included,and it provides the suggestion of how to prefect our country’s responsibility of soil pollution damage for compensation.