Research On The Government Supplementary Responsibility For Public Environmental Health Damage Caused By Soil Pollution

In recent years,public environmental health damage events caused by soil pollution have occurred frequently in China and trigger a number of mass incidents,which have drawn the attention of the whole society.However,due to the particularity of soil pollution and the public environmental health damage caused by it,a lot of problems can be caused easily.For example,the polluter may has gone.It’s difficult to determine who the polluter is and the polluter is unable to bear the damage liability.Under the restriction of these problems,the damage of soil pollution to public environmental health often relys on the supplementary responsibility of the government when the person responsible for the pollution is unknown,which is called miscellaneous responsibility of government.Although the constitution of our country endows the government with the obligation to protect the basic rights of citizens,the only miscellaneous responsibility has some problems,such as the general classification of government responsibility and the unclear way of assuming the responsibility,which is likely to lead to the bad situation.In this situation,the pollution is caused by enterprises and the masses are victims,but the government has to be responsible for it.In order to guarantee the implement of the soil pollution public environmental health damage relief and promote the rational use of fiscal funds,public environmental health damage caused by soil pollution should not be in a simple impution model of "polluter-the person owing land-use right-the government".We can use the state responsibility system in Germany for reference and supplement the subject of the state responsibility except the person owing land-use right when the polluter is unknown in a bid to solve the problem of shortage of state responsibility in public environmental health damage relief.Therefore,the supplementary responsibility of the government should be divided into two categories: firstly,the state responsibility should be the first supplementary responsibility.As the representative of state-owned land owners,the government should bear the state responsibility with special funds in the occasions of transferring the right to use state-owned land and land expropriation,and share the state responsibility with the land user and the person in charge of the land in accordance with the principle of effectiveness,proportion and anticipated possibility when the person responsible for the behavior is unknown.At the same time,when the government implements the public environmental health relief as the state responsible party,it has the priority to be compensated by the behavior responsible party.Secondly,the government,as the protector of citizens’ basic rights,should assume the second supplementary responsibility after the state responsible party.When the polluter and the state responsibility party are unknown,the responsibility to ensure the public environmental health damage relief of soil pollution is more of a social responsibility,which should be undertaken by the government in the form of social relief fund.And the government,as the biggest beneficiary of social development,should take the financial allocation as the main source of the fund.Under such circumstances,the government does not have the priority right to be compensated by the former responsible person in principle.But in the sudden case of public environmental health damage caused by soil pollution,after the government assumes the responsibility for the first relief,it should have the priority right to be compensated by the behavior responsible party and the state responsible party.