Research On The Responsibility Of Soil Pollution Remediation In China And Its Application In Adjudication

Soil pollution in China is becoming more and more serious,which affects the development of economic activities and the progress of ecological civilization.With the development of ecological civilization and the exploration of environmental litigation,China’s soil pollution liability disputes have shifted from heavy compensation to heavy remediation.The legal system of soil pollution remediation responsibility stipulated in the Soil Pollution Prevention and Control Law of 2018 has laid a solid institutional foundation for the investigation of soil pollution remediation responsibility.The responsibility of soil pollution remediation is an important form of legal remedy to solve the disputes of soil pollution liability.On the basis of clarifying the relevant theories,this paper explores and analyzes the problems in the application of soil pollution remediation responsibility in the adjudication to cause the problems,and puts forward a targeted and improved scheme,hoping to remove the obstacles in the application of soil pollution remediation responsibility in the adjudication and escort the work of soil pollution remediation and treatment in practice.This paper firstly discusses the necessity and particularity of soil pollution remediation responsibility,and emphatically demonstrates the difference between soil pollution remediation responsibility and restoration responsibility.Soil pollution remediation responsibility belongs to the category of ecological remediation responsibility.Compared with other ecological remediation responsibilities,the responsibility of soil pollution remediation is unique in that the responsibility of behavior and the responsibility of state complement each other and work together to investigate the responsibility of soil pollution remediation.Secondly,18 cases of soil pollution liability disputes were sorted out through The China Judge documents network,and then specific analysis was carried out on typical cases in combination with the relevant provisions of soil Pollution Prevention and Control Law.It is found that there are still some problems in the application of the responsibility of soil pollution remediation in China.The main problems of the responsibility of soil pollution remediation in the application of the judgment include the difficulty in dividing the responsibility share among multiple responsibility subjects,whether the special subject can put forward the responsibility of soil remediation as plaintiff,etc.In the aspect of the certification system,there are some problems in the application of the rules for determining the causal relationship between the responsibility of soil pollution remediation and the application of judicial expertise in practice.In terms of the way of undertaking the responsibility of soil pollution remediation,the responsibility of soil pollution remediation is less applicable in practice,and it is difficult to implement the alternative responsibility of soil pollution remediation.At the same time,the supporting measures for soil pollution remediation are not perfect,including the cost of soil pollution remediation,and the remediation standard of soil pollution remediation is not clear.Finally,in view of the above problems,the corresponding solutions are proposed to improve the path for the application of soil pollution remediation responsibility in China.