An Emprirical Study On The Responsibility Of Remediation Of Soil Enviromental Damage

In 2015 the Supreme People’s Court issued by the Supreme People’s Court on the application of law in civil environmental public interest litigation cases "the explanation of several,on the environmental tort liability disputes applicable law the explanation of several" first "environmental restoration","environmental damage repair responsibility","ecological environment repair responsibility",the theoretical circle and judicial practice field repair damage to the environment responsibility of the official start of the related research and application.In 2018,General Secretary Xi Jinping delivered an important speech at the National Conference on Ecological and Environmental Protection,calling for solid progress in the battle to protect the Pure Land.In June 2019,the Ministry of Environmental Protection released the National Soil Pollution Survey Communique,which showed that the overall state of China’s soil environment is not optimistic.Soil is one of the most basic elements of ecological environment and the material basis of human production and life.Soil pollution encroaches on a large amount of usable soil.Under the condition of shortage of land resources in China,the remediation work after soil environmental damage becomes very important.For repair of the relevant laws and regulations related to soil environmental damage is not perfect,makes the soil environmental damage repair responsibility encountered some repair in the legal practice principle of liability is not clear,such as the verdict,the repair cost accounting is not fine,finalised on the basis of objection to big problems,affects the soil environmental damage repair responsibility to carry out in the judicial referee work.This article in "law on the prevention and control of soil pollution,the civil code of the People’s Republic of China under the background of the new,from 2014 to 2021,through research on soil environmental damage repair responsibility of judicial documents,combing with 47 civil public interest litigation judicial documents,a total of 178 samples,using the empirical analysis method to soil environmental damage repair responsibility in our country put forward some perfect Suggestions.First of all,this paper explains the definition of the concept of soil environmental damage reparation responsibility by famous scholars,and explains that it is more appropriate to use the definition of the special environmental civil liability system to discuss.Then through the empirical analysis to comb out the current situation of the judicial judgment of soil environmental damage remediation responsibility,mainly including three aspects: one is the current situation of the legal basis;The second is the present situation of the application of the final basis;Third,the status quo of the responsibility of soil environmental damage remediation;Data analysis methods,such as tables and fan charts,are adopted to show these situations directly.Thirdly,in view of the present situation,it extracts the typical or common problems in the judgment documents.Finally,according to the extracted problems,a liability system model is built on the basis of clarifying that the liability for soil environmental damage remediation is a special civil liability system for the environment.Based on this,suggestions are put forward to improve the relevant legal provisions,improve the guide list of appraisal institutions,and build a new path for soil remediation.In order to promote the legal control of soil pollution to provide their own help.