The Research On Status-based Responsibility For Soil Pollution Of The Construction Land In China

Compared with other environmental elements,soil is physical,specific,and independent.So,we can pay attention to the subject who have control on the land and consider to expand the scope of the subjects responsible for soil pollution.The responsibility for soil pollution involves the protection of public health and environmental interests,and its content is highly professional.Also,record filing and periodic reporting to the competent environmental authority runs through the process of the responsibility,and at the same time,the responsible person will be subject to administrative penalties if he fails to perform his obligations.Thus,the responsibility constraint with public law attributes is formed.As a public law responsibility,the concept of status-based responsibility can be used to increase the public interest by limiting certain property rights.The status-based responsibility for soil pollution can be formed to make up for the drawback of behavior-based responsibility,improve the efficiency of soil remediation,and even reduce the occurrence of soil pollution.With the adoption of status-based responsibility in the Soil Pollution Control Law,this article conducts a theoretical analysis of this special responsibility,and reviews the relevant legislation of construction land to find possible drawbacks in theory and practice.In view of the inconsistency of the provisions of the legislation,the lack of operability to determine the status-based responsibility subject,the unclear regulation on the realization of the responsibility,and the resulting vague expression of the realization in practice,this article analyzes the reasons from three angles,and then puts forward some thoughts on the possible perfect approach.Based on China’s national conditions and the existing legislative system,this article analyzes each of the subject categories that may become the responsible person of the status-based responsibility,and explores that the land users and other subjects who have control on the land are suitable subjects responsible for the status-based responsibility for soil pollution of construction land.Based on this,clarify the issue of the choice order when there are multiple responsible individuals at the same time.Moreover,the status-based responsibility for soil pollution is replaceable,so it can be inherited.As for the realization of status-based responsibility for soil pollution of construction land,this article analyzes the details in different stages firstly.In addition to the general principles of selection order of behavior-based responsibility and statusbased responsibility,priority is respectively given to the land users and status-based responsibility subjects in the soil pollution investigation link and later-stage management link.But costs of land users to investigate are irrecoverable.Considering that the basis of status-based responsibility is the social obligation of private property rights,it is necessary to define the scope of status-based responsibility commitment.After the theory analysis and case studies,it is considered that whether it has "expectation possibility" is the appropriate measurement standard,which can be specifically expressed in the market value of land or the benefits obtained during land use.The burden of final responsibility or intermediate responsibility lies in whether the responsible person has subjective fault.