On The Construction Of Soil Remediation Foundation System For Contaminated Sites In China

At present,the remedial measures in China for ecological damage of soil in contaminated sites include: civil relief,administrative relief and socialization relief that contains environmental responsibility insurance and corporate mutual assistance fund.However,the three existing measures will be useless when two circumstances in presence,which are that the person who should take the responsibility of the ecological damage of soil is unknown or he cannot be fully liable for the responsibility.Therefore,the establishment of soil remediation foundation for contaminated sites is required.The foundation system for soil remediation for contaminated sites is a fund set up by the government,based on certain procedures and standard to reserve money when the responsible is unknown or he can not be fully liable for the compensation,this contaminated sites will get money provided by funds for remediation.The foundation for soil remediation for contaminated sites is a nonprofit fund for charity that the government relies on its agency relationship with the state,and it is a public compensation system essentially.The foundation should be founded as the public-law foundation.For the foundation,the most important thing is how to make sure the adequacy and stability of the fund sources.Therefore,we should broaden a variety of financing channels to ensure the continuing existence of the foundation.According to the source of the main subjects,the fund sources can be divided into national treasury and privacy.The foundation should learn from the lessons of the “Superfund”,it should be the polluters take the retrospective responsibility instead of setting a broad and strict doctrine of liability fixation.The internal organization of the foundation includes four components: decision-making body,implementation body,supervision body and auditing body.The government,the interested parties and the public welfare organizations may apply to the foundation.The foundation mainly used for soil remediation and related expenses,does not include personal injury and property loss.As means of socialization on damage compensation,the foundation can take the model of pre-payment or payment after the relief.