On The Legal Issues Regarding Coordinated Governance Of Soil Contamination In Beijing-tianjin-hebei Region

In recent years,soil contamination has gradually emerged throughout the country,and the problem of contamination has become increasingly prominent.In the amendments to the Constitution passed in 2018,ecological civilization has been written into the Constitution,which reflects how much environmental protection is valued in the country.The Action Plan for Soil Contamination Prevention and Control,which was released on May 28,2016,as well as Action Plan for Atmospheric Contamination Prevention and Control Action Plan for Water Contamination Prevention and Control,which have been previously released,constitute the guidance to environmental protection,and contamination prevention and control.As a commanding law in the domain of environmental protection,the new Environmental Protection Act,which was recently released and implemented,has established a “coordinated mechanism of environmental governance,prevention and control cross administrative regions” from the perspective of law.It provides a legal basis for the implementation of coordinated prevention and control,and relevant mechanisms on soil contamination in Beijing-Tianjin-Hebei Region,such as coordinated mechanism,information sharing mechanism and regional coordinated law enforcement mechanism,etc.At present,there's no special legislation regarding soil and environmental protection in Beijing-Tianjin-Hebei Region in China,and laws and regulations regarding the prevention and control of soil contamination are scattered in Environmental Protection Law,Agriculture Law,Regulation on the Protection of Basic Farms,Water Contamination Prevention and Control Law,Law on Quality and Safety of Agricultural Products,and Prevention and Control of Environmental Contamination Caused by Solid Wastes,and these relevant regulations are mostly principle-oriented and extremely dispersed.Furthermore,there are also problems like the incomplete systems of coordinated governance of Beijing-Tianjin-Hebei Region and ambiguous responsibilities of the entity,etc.Due to the great variety and complicated causes for soil contamination,as well as its own characteristics,such as concealment,hysteresis,poor recovery,collateral damage and regionality,the traditional mode of governing soil contamination,which takes administrative regions as the unit,can no longer effectively solve the existing problems.Therefore,coordinated governance of soil contamination is imperative in Beijing-Tianjin-Hebei Region.In the implementation of coordinated governance of soil contamination in Beijing-Tianjin-Hebei Region,the perfection of relevant laws on coordinated governance should be considered as the top priority.Moreover,legislative principles should be established,and laws on comprehensive and coordinated prevention and control of soil contamination in Beijing-Tianjin-Hebei Region should be formulated,through which,a perfect legislative system can be constructed.Secondly,other relevant systems and mechanisms should be perfected step by step,and relevant mechanisms should be established,including standard system of soil contamination,survey system of coordinated prevention of soil contamination,funding system of coordinated prevention and control of soil contamination,coordinated monitoring system of soil contamination,as well as information and data sharing mechanism of soil environment,and the system of distinguishing agricultural land from construction land and constructing systematic management system for farmland in Beijing-Tianjin-Hebei Region,etc.In the end,coordinated reinforcement should be implemented in the assessment,responsibility investigation should be rigorously conducted,and the entity responsibility of the local government,the ultimate person liable for contamination and the responsibility of the holder of the right of land use should be clarified in Beijing-Tianjin-Hebei Region,and coordinated movement of the various departments should be reinforced.