A Study On The Legal System Of Brown Land Management In China

Many cities have been completed the industrial structure readjustment as the industrialization and urbanization develop rapidly. In the process, many industrial enterprises whose original location was in the center of the city migrated to the suburbs or the other new industrial areas. Most of these old industrial enterprises was belonging chemical, metallurgical and other enterprises, so the factory site has accumulated serious soil pollution. The contaminated land are often called "brownfields". As been contaminated in a long time, the brownfields’redevelopment will be a significant threat to the public health and environmental safety if without treatment. In the other hand, they often occupy the center location of the city, they owns a higher commercial value, therefore the governance of brownfields has become an important tool for sustainable development. The industrialization and urbanization started late in our country, so we did not establish a sound institutional system in brownfields governance yet. There are some flaws in legislation, standards, technology and other aspects, so we need to establish a complete brownfields governance system in order to achieve the goals like efficient use of land resources, environmental protection, protection of citizens health security.This article is divided into four parts aside from the introduction and conclusion. The first part introduces the definition of brownfield and the necessity of the brownfields’ governance. The first section describes the definition of brownfield at our country and abroad. The Second section is the analysis of the necessity of brownfield management, including four areas:the need to improve the ecological environment quality, the need to protect the surrounding residents’ health,the need to enhance the value of the use of land and the need of develop sustainable economic. The second part is the introduction to the status of brownfields governance in our country. The brownfields governance is not in place of some reasons, including legislation, funding, risk awareness and other reasons through three typical cases and legislative governance of brownfield status introduction.The third part is studies of the extra-territorial governance experience and the reference significance to China. Summarized on enlightenment to China in brownfield management through the experience of United States, the EU, Japan, Canada. We should be clear distribution of responsibilities of governance system. We should established safeguards system of governance. And the regulation planning should be developed of brownfields. The fourth part is about the proposal of governance of brownfields, and this part is the core of this article. This part divided into four sections. Including perfecting the brownfields legislation and standards related to governance, establishing financial security system, strengthening the regulatory responsibility of government and strengthening information disclosure and public participation.