Legal Regime Of The Soil Remediation On Contaminated Sites In China

Facing with the contradiction between the fast pace of urbanization and the lackprovision of land for urban construction,we need to seek the effective provision of urban landresource to meet the economic development, urban construction, human health andenvironmental protection. As a result, people begin to pay attention to the city’s industrial"legacy"-contaminated sites.Because of having the large number of surface and predominantgeological location, the part of these contaminated sites contains enormous businessopportunities and economic benefits. However, serious anomie of related legislation and legalsystems on contaminated sites lead to poisoning incidents constantly. So our society and thegovernment attach great importance to the soil remediation and redevelopment oncontaminated sites.This essay is consist of four parts in addition to the introduction. The first part of thisessay defines the contaminated sites in the first place.Contaminated object of contaminatedsites limits at soil pollution. Discussion focused on the soil remediation of the contaminatedsites for the city’s industrial and commercial land.The essay try to analyze the potential risksthrough the current situation of soil remediation on contaminated sites, and then reveal theroot cause of conflict which is imperfect legislation and systems.The main contents of the second part are that the legislation of soil remediation oncontaminated sites has defects of dispersion, poor operability, low legal hierarchy.By trainingthe existing system of contaminated soil, it has a lot of questions such as the oversight ofsystem on survey and evaluation, the indetermination of the managent responsibility, lack offinancing mechanisms, the deficiency of soil information disclosure system etc.The third part of this essay analyzes the legislation of soil remediation on contaminatedsites abroad and then gives us a clue from legislation system and concrete content.The four part of this essay makes a beneficial exploration from the legislation and thesystem for the above legal quagmires and foreign experience. First of all, we must improvethe legislation system of the soil remediation on contaminated sites. Then, the essay seekssolutions according to the shortage of the above existing system. Firstly, the essay improvesthe system on survey and evaluation through making a resonable setting of starts on surveyand effective implementation between survey and evaluation.Secondly, according to thedifferent subjects such as polluters, national governments, land users, the essay sets the responsibility of identification system.Thirdly, on the premise of polluter-pays principle,contaminated sites should establish a governmetal fund system suitable for our contaminatedsites and social financing mechanisms of redevelopment on contaminated sites in order torealize the financing mechanisms among the governments, pulluters and society. Fourthly,contaminated sites should establish a soil information disclosure system by construction of thebug tracking system of contaminated sites, information platform and relief system.