Study On The Legal System Of Contaminated Site Remediation In China

In the process of industrialization and urbanization,China is faced with industrial transformation,enterprise relocation and other reforms,which bring a large number of polluted sites.The destruction of the ecological environment,serious harm to the health of citizens,restrictions on the re development and utilization of contaminated sites and other negative situations have gradually emerged,so the remediation of contaminated sites is urgent.The research on contaminated sites in China started late,and the system is often attached to other legal norms.The specialized legal system is not perfect,and there are many problems in the management and restoration,as well as the rights and responsibilities of funds and restoration subjects.Aiming at the above problems,this paper studies and analyzes the legal system of contaminated site remediation in China,and provides feasible suggestions for the legal system of contaminated site remediation in China.In addition to the introduction,this paper mainly includes four parts.The first part discusses the concept and characteristics of contaminated sites.It is concluded that there are differences in the concept and definition of contaminated sites in different countries,which has strong local characteristics.Then it explains the difference between "restoration" and "restoration",and explains the reasons for using "restoration" instead of "restoration".The second part introduces the current situation and main deficiencies of the legal system of contaminated site remediation in China.Through the research,it is found that the problems existing in the legal system of contaminated site remediation in China are relatively concentrated,mainly related to the imperfect legal system;the unclear rights and responsibilities of the responsibility subject;the unreasonable regulation of special Remediation Fund;the imperfect investigation and evaluation,risk control and supervision system,etc This part of the study is of great significance to put forward suggestions for the future.The third part studies the United States,Japan,Germany three representative countries,this part mainly from the allocation of responsibility,special funds,investigation and evaluation,risk management and control and supervision and management system to analyze,hoping to gain experience and provide some feasible suggestions for China’s system construction.Then,through the study of the U.S.Superfund law,Germany’s federal soil protection law,Japan’s soil pollution countermeasures law and other legal systems,we can gain experience,find out and analyze the shortcomings,so as to avoid making the same mistakes again.The fourth part is the core of this paper,which is a demonstration of the research results of the first three parts.The ultimate goal is to provide suggestions for improving the legal system of contaminated site remediation in China,whether studying the status quo of contaminated site remediation in China or studying the relevant system of foreign legislation.This part emphasizes the urgency of improving the legal level of "soil environmental management measures for contaminated plots",and emphasizes the need to pay attention to the coordinated and comprehensive restoration of different environmental elements.Improve the investigation and evaluation procedures,clarify the investigation subject and investigation procedures,refine the risk assessment procedures and regulatory system,and improve the operability of the system.In order to improve the main responsibility system of contaminated site restoration,it is necessary to clarify the relevant subjects of responsibility,refine the relevant responsibilities of each subject,and formulate a special responsibility system for historical contaminated sites.To establish the fund system of contaminated site restoration,it is necessary to clarify the sources of multi-level special funds,so as to make the financing channels more diversified and the restoration funds more abundant;to clarify the conditions and scope of use of the special fund,so as to make the fund play its maximum value and avoid waste;to establish the project acceptance and installment payment system,and strengthen the supervision of the fund,can better guarantee the effect and efficiency of restoration The Prevention Fund was misappropriated for other purposes.