Study On The Legal System Of China's Soil Pollution Repair Fund

Remediation of contaminated soil as maintenance,soil properties and physiological function of the main means of security,to maintain soil fertility,guarantee for the agricultural product quality safety and consumer health rights,has very important significance.As the soil to repair the work requires technology,capital and other elements of the full input,which is the most critical to the security of funds.The development and application of soil remediation funds have importantly practical significance for the improvement of the quality of soil restoration.However,at this stage,the source of soil remediation funds mainly relies on financial support from the government.There is a lack of a platform to attract social capital into the soil remediation.In addition,due to the lack of specialized norms of soil remediation funds management,it can't make the management of soil remediation funds run fluently,to take the management of government funds.And the management also has some disadvantages: do not take full account of the particularity of the remediation of contaminated soil;cumbersome approval procedures,resulting in the did not take into account some cases,soil remediation work of the urgency of the need,that lack of timeliness of soil remediation.In contrast,abroad for soil remediation funds management has been more mature in a wide range of sources,clearly specialized legal basis and an advanced management mode and other advantages.These advantages for the development of China's soil remediation fund management norms,as well as the management of soil remediation funds have strong references.Based on the above,the author,in reference to the basis,combined with our country present stage about soil pollution repair legislation and practices and made a preliminary discussion respectively from fund deposit,supervision of fund management and fund operation and management.The main body of this paper is divided into four parts.The first part introduces the topic background and the current research situation at home and abroad;the second part is an overview of soil remediation fund.On the one hand,it elaborates clearly some basic problems of soil pollution remediation and expounds its concept,current situation and problems.On the other hand,it introduces the concept of soil pollution remediation fund and a brief analysis of the law of soil pollution remediation fund;the third part states the necessity and feasibility on the legal system of China's soil pollution repairfund;the fourth part introduces the legislative experience of the United States,Holland and Taiwan of China on soil pollution remediation fund management,and on this basis,through combining with the current situation and problems of soil pollution remediation in China,it systemizes the establishment of extraterritorial experience of China's soil pollution remediation fund legislation;the fifth part of puts forward the construction of the legal system of China's soil pollution remediation fund recommendations.The establishment of the fund deposit system regulates the legal source of funds;the optimization of the fund operation mode regulates the main body of fund's application and fund's suitable condition and range,meanwhile,it is good for guaranteeing the stability of sudden soil remediation funds;the fund which is on the approval and in the use of supervision regulates supervising subjects and contents of fund approval and use as well as the legal responsibility after violating the fun management regulations.Through building the above law system of soil pollution repair fund,it can guarantee therestoration of contaminated soil.