Study On The State Responsibility Of Soil Pollution Remediation

Soil pollution is a pollution phenomenon caused by the unreasonable development and utilization of human beings,which ultimately damages human health and the ecological cycle.Its governance and restoration are related to environmental protection and sustainable development of human society.China’s current recognition of the main body of soil pollution remediation is based on the principle of behavioral responsibility,that is,"who pollutes,who governs." This one-factor liability model has loopholes in the judicial practice,such as the absence of the responsible person or the failure to perform.If it is repaired in time,it will easily cause the adverse consequences of the existence or even expansion of pollution damage.Soil is different from the atmosphere.It has physicality,independence and specificity.On the basis of applicable behavioral responsibility,state responsibility can be added as the principle of determining the responsibility of soil restoration.It is blank,and plays the role of preventing soil pollution in advance,improving the efficiency of soil pollution remediation,and rationally allocating remediation responsibilities among various responsible persons.China ’s current legislation on soil pollution remediation has actually included some state responsible persons into the scope of remediation subjects,but the nature of the remediation responsibility is not clearly defined in such provisions,and relevant supporting regulations such as the identification of state responsibility subjects also exist too general,The regulations are not uniform and do not have practical guidance and other defects.In the judicial practice of soil pollution disputes,there is a phenomenon inconsistent with the legislative purpose that soil repair cannot be achieved when the responsible person is absent,and the government surrenders the recovery after the government currently assumes the responsibility for repair.The above-mentioned problems can be effectively remedied by establishing a responsibility mechanism for the state of soil pollution remediation in China.Regarding the construction of China’s state responsibility system for soil pollution remediation,we can supplement the current single behavioral responsibility model by improving the responsibility system for soil pollution state responsibility,and make use of the relevant provisions of state responsibility to make up for deficiencies such as unclear application in practice,and rationally construct soil pollution remediation Responsibility system to promote effective prevention and control of soil ecological service functions.