Research On The Responsibilities Of Local Governments In Soil Pollution Remediation

The prevention and control of soil pollution is related to the quality of agricultural products and the safety of human settlements.General Secretary Xi Jinping attaches great importance to this.In recent years,he has made important instructions on protecting the soil environment and preventing soil pollution for more than 20 times.In March 2018,the "Amendment to the Constitution of the People’s Republic of China" was passed,and ecological civilization was innovatively expressed in the Constitution.In 2014,the new "Environmental Protection Law" was revised and passed,and the "Soil Pollution Prevention and Control Law" was officially promulgated and implemented in 2019.Together with various administrative regulations,departmental regulations,and local regulations,they constitute my country’s legal system for soil pollution prevention and control.Soil pollution is concealed and accumulative,and has strong relevance to air,water,solid waste and other pollution,and it is difficult to prevent and control.At the same time,my country’s soil pollution prevention and control work started late,the foundation is weak,and the law has only been implemented for more than two years.There are indeed many weak links in legal publicity and education,daily law enforcement and supervision.At present,soil pollution incidents in our country are frequently occurring,and the pollution situation is particularly serious.The harm of soil pollution is becoming more and more serious.People are worried about the difficulty of simple remediation of pollution.Since the repair requires financial and technical support,it is urgent to clarify the responsible party.Only by establishing the responsibility subject mechanism,can we better control land pollution behavior,clarify the relevant responsible subjects,and at the same time make them bear their due responsibilities,give full play to their subjective initiative,and escort the prevention of land pollution and the establishment of a good ecological environment.Article 5 of the "Soil Pollution Prevention and Control Law" clarifies the responsibility mechanism for local people’s governments at all levels to prevent soil pollution in their respective regions.Because government departments have an unmatched advantage position by other social entities,they can instruct potential responsible persons through coercive force,and can carry out ecological restoration of soil pollution in a more timely and efficient manner.The Soil Pollution Prevention and Control Law clearly stipulates that local people’s governments,Eco-environmental departments,agricultural and rural departments,natural resources departments,etc.have been divided into responsibilities,and the responsibilities of the government and its departments in soil pollution restoration are clear and specific.The Soil Pollution Prevention and Control Law has only been implemented for more than two years since 2019,and various related supporting systems and measures are gradually being formulated and improved.From July to September 2020,the Standing Committee of the National People’s Congress carried out a soil pollution prevention and control law enforcement inspection.During the inspection of law enforcement,it was found that there are hidden dangers in the soil environment in some places and regions,and the legal responsibilities of local governments and related departments need to be further implemented.Some local governments do not have a strong sense of responsibility for controlling soil pollution in accordance with the law,their work is not true and detailed,the responsibility system for soil pollution prevention and control targets and the assessment and evaluation system are not sound,the implementation is not in place,and the supervision and law enforcement in soil pollution prevention and control work is insufficient.The supervision method is backward,the supporting and guaranteeing ability to implement the responsibility is weak,and there are various degrees of shortcomings in the system,technology,and supervision power.In this regard,it is necessary to further clarify the division of government responsibilities in soil pollution control,add and improve relevant content in the future revision and interpretation of the Soil Pollution Prevention and Control Law,and effectively incorporate soil pollution prevention and control assessment into the assessment of the effectiveness of pollution prevention and control battles,and Specify detailed measures and scoring rules,strengthen the support and guarantee capacity for fulfilling responsibilities,innovate regulatory mechanisms,increase law enforcement,establish and improve the distribution and use of soil pollution prevention funds,establish a special soil pollution fund system,and promote the development of environmental liability insurance,And continuously strengthen the level of information disclosure and public participation,raise the awareness of the responsibility of governing the land according to the law in the whole society,and completely break the vicious circle of "corporate pollution,government pays".The prevention and control of soil pollution is of great significance and the task is arduous.Under the leadership of the Party Central Committee with Comrade Xi Jinping as the core,and guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era,we will comprehensively implement the Jinping Ecological Civilization Thought,coordinate normal epidemic prevention and control,economic and social development,and ecological environmental protection,combined with the actual conditions of each region,and solidly promote soil pollution prevention and control work in accordance with the law,and continuously enhance people’s livelihood Well-being,to make greater contributions to fighting pollution prevention and control and decisively building a well-off society in an all-round way.