Research On Civil Liability For Soil Remediation

Under the extensive economic development model,the soil pollution in our country is becoming increasingly severe.Soil remediation has gradually become the main relief method for soil pollution.Soil Pollution Prevention Law of the People’s Republic of China and Civil Code of the People’s Republic of China and other legal documents stipulate the civil liability for soil remediation.Through the analysis of relevant legal documents and judicial precedents,it is found that there are different understandings and applications in the flowing aspects,the subject of civil liability for soil remediation,the method of bearing responsibility,and the guarantee of the effect of responsibility performance.The identification of the person responsible for soil pollution is unclear,and the scope of the land right holder is narrow,resulting in unclear subjects bearing civil liability for soil restoration.The legislation does not clearly stipulate the way of bearing civil liability for soil restoration,and the applicable conditions of different forms of responsibility are not clear,resulting in a confusing application of the way of bearing civil liability for soil restoration.Problems such as unclear soil remediation initiation standards,vague remediation standards,and unclear content of remediation plans make it difficult to guarantee the effectiveness of the result of civil liability for soil remediation.The proper assumption of civil liability for soil remediation is crucial to soil pollution control.First,the criteria for identifying the person responsible for soil pollution should be improved in light of the particularity of soil pollution control,and the scope of the land use right holder should be expanded to the subject that enjoys actual control over the land,and when there are multiple persons responsible for soil remediation,the division of responsibility is carried out in combination with the principle of efficiency.The second is to clarify the method and sequence of bearing civil liability for soil restoration,and clarify the applicable conditions for direct soil restoration and alternative restoration,self-restoration and entrusting others to repair,and pay for the fee of soil restoration,and then apply civil liability for soil restoration in accordance with the principle of giving priority to direct restoration and giving priority to bearing soil restoration costs.The third is to ensure the effectiveness of the performance of civil liability for soil remediation in multiple ways,with reference to the application of soil quality standards as the initiation standard for soil remediation,using the current mandatory standards for risk control,and combined with the method of polluted soil attributes to determine soil remediation standards,and on this basis,clarify the principle of comparison of soil remediation plans,and refine the content of soil remediation schemes.