Research On The Predicament And Outlet Of The PPP Mode Of Soil Pollution Remediation In Our Country

The rise and development of environmental governance theory,public goods theory,and cooperative state theory have laid a solid theoretical foundation for the public-private partnership governance model of public goods.Due to the complex causes and various types of soil pollution,soil pollution remediation is more difficult than water pollution,air pollution and other environmental pollution control.It can be found from the relevant provisions of the Soil Pollution Prevention and Control Law that relying on the polluter to bear the responsibility for the damage principle is not enough to solve all the problems of contaminated soil remediation.However,PPP mode can ease government financial pressure,share benefits and risks and improve public service level,which can better advance the process of soil pollution remediation in our country.For now,soil pollution remediation PPP mode has realistic difficulties,mainly reflected in the participants,the role of the government is unclear,the public and private interests conflict.In terms of cooperative behavior,the nature of cooperative contract is unclear and there are many uncertainties in the process of contract.In terms of relief mechanism,the judicial application of civil litigation or administrative litigation is different,and the existing non-litigation dispute resolution model exists in name only.Accordingly,the PPP mode of soil pollution remediation should be perfected from three levels:subject,behavior and relief.In terms of the subject,the position of government partner and regulator should be clearly positioned,the interests of government and social capital should be balanced,and the investment return mechanism suitable for contaminated soil should be sought.In terms of cooperative behavior,PPP agreements should be characterized as mixed contracts.Meanwhile,risk management of cooperation should be strengthened.For the special risk factors and environmental standards of soil pollution remediation,problems such as secondary pollution should be vigilant.In terms of relief mechanism,we should classify applicable civil relief or administrative relief,develop diversified dispute resolution mechanism,establish third-party expert mediation mechanism and develop applicable arbitration to resolve disputes.