Research On The Responsibility Subject Of Soil Pollution Remediation

Soil pollution remediation contains two elements which are "soil pollution" and " remediation". There is an obvious precedence relationship between tnem, which the soil pollution is the former, and remediation is back. Soil pollution is a result of soil environmental damage in the process of industrialization, urbanization and agricultural modernization, which is inevitable in economic activity. The repeated outbreaks of soil pollution problems, which is accumulated In the economic development more than 60 years,get the attention of the whole society in recent years, and the remediation of contaminated soil became the key. That law on the prevention and control of soil pollution in China has not been promulgated gives rise to the struggling of soil pollution remediation. However, the polices on soil pollution remediation introduced by national and local governments offer an effective way to solve the problem of soil pollution at present stage, and lay a practical and theoretical basis on formulation of the law on the prevention and control of soil pollution at the same time.The responsibility subject of remediation of contaminated soil is the core of the soil pollution remediation, which is the solution to the question that who will bear responsibility for remediation of contaminated soils. Polluter pay is the basic principle of environment law in China, and it is same in soil pollution area, namely that the polluter bear responsibility for remediation of contaminated soil. “Polluter pays”,the first principle for the determination of responsibility subject of remediation of contaminated soil demand the polluter to assume corresponding obligations of remediation for the behavior of the polluting. In the situation where multiple persons should be responsible for acts,the division of responsibilities should be according to the kinds and quantity of discharge of pollutants. But some situations will be existed in real life, like that possible behavior responsible party is difficult to establish, ceased to exist, and the polluter unwilling to bear the responsibility, Maybe we should draw lessons from the practice of Germany and Chinese Taiwan that requires state person be liable for soil pollution remediation. Behavior responsible parties in our country mainly include the land user, the land owner and the subject who has control on contaminated soil in fact. When most behavior responsible parties exist at the same time, a certain subject should be chosen to bear the responsibility for soil pollution remediation in accordance with the principle of proportion and effective. However, behavior responsible parties should be given priority to bear the responsibility for soil pollution remediation when most behavior responsible parties and state responsible parties coexist. In addition, our country should also refer to the CERCLA, Chinese Taiwan Funding System of Soil and Groundwater Pollution Remediation. Then we set up Funds of Soil Pollution Control as the extended subject of soil pollution remediation.