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On The Legal Liability System For Remediation Of Land Pollution In China

Posted on:2010-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:F LeiFull Text:PDF
GTID:2166360272493730Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Land is one of the most important natural resources for human beings. However,the pollution caused by the human behaviors is seriously threatening the situation of land.China,a rapidly industrializing country,is unavoidably confronting this problem.This article seeks to establish the legal liability system for remediation of land pollution in China.First,as to the liability itself,it could be categorized into two types,cleaning the land pollution and paying for the expenses incurred by the remediation of land pollution.Second,the liable parties for land pollution should include the government,polluters or the persons having the rights on the contaminated land("the related persons") and special groups which easily cause land pollution,on the basis of theories on the governmental liability, Precautionary Principle,Polluters Pay Principle,Collective Liability Principle and Common Liability Principle.The liabilities of these parties should be varied because of the different liability theories.There are three important parts in this liability system which are the types of the governmental liability,the text of this liability system and the theories to justify this system,which are also the main content of this article.The governmental liability on contaminated land could be divided into three types based on the roles the government plays under different situations.First,the government is born to be the defender of public interests and manager of public affairs and carry out the statutes and regulations——monitoring,commanding and encouraging other liable parties to recover the dareage or do so by itself when these parties can't afford or are reluctant to remediate the contaminated land which is probably threatening or has caused damage on the public interest.It is essential for the government to remediate the contaminated land immediately.Second, the government should share the liability for contaminated land with other liable parties if the pollution is partly caused by its failing to implement its obligation,or take all the responsibility if it is the only one that causes the pollution.Third,the government,as the representative of the State's land owner,should ask the liable parties to recover the damages and pay for the expenses incurred by the remediation of the contaminated land.The text of the legal liability system is as following.When the land is polluted,the government firstly,as the defender of public interest and manager of public affairs,has the authority(also responsibility)to decide whether and how to remediate the contaminated land.Then,the liability parties will take different responsibility under some giyen situations.The govemment should figure out whether the pollution is caused by legal or illegal activities by polluters or the government itself.If it is caused by legal activities,the govemment should remediate the contaminated land under the related regulations.And the costs for the cleanup will be paid from some specific fees or taxes charged on polluters or from the general revenue if these fees or taxes are not specially provided for environmental use in related regulations.If the pollution is caused by the illegal activities, the govemment should command the polluters or the related persons to recover the damage and pay for the expenses of remediation.If they are not able or reluctant to do so,the govemment should remediate the land first and the expenses of remediation will be guaranteed by some Fund.After the remediation,the government should ask the reimbursement from the liable parties and even give them some penalty.However,If the government is partly or completely contributed to the land pollution,it should take the liable of remediation and the expenses should be from its own revenue budget but not the Fund.
Keywords/Search Tags:Land Pollution, Remediation, Legal Liability
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