Research On The Legal Matter Pertained To The Soil Remidiation Of The Contaminated Sites

With the intensification of urban industrial restructuring and the rapid development of the economy,the relocation and closure of a large number of factories brought seriously polluted sites.Therefore,the soil remediation of contaminated sites has become the top priority of environmental protection in China.However,the legal system of the soil remediation of contaminated sites in our country now is still quite backward.There is not only no special soil legislation,but also no corresponding supporting system.In April 2016,CCTV reported the contamination of Changzhou foreign languages school in Jiangsu,triggering a heated discussion on the issue of the soil remediation of contaminated sites.The remediation of three chemical factories nearby the school was projected in 2013 and proceeded in March 2014.Due to the poor regulation and other illegal operations in the process,pollutants exposed in the air,which led to the extension of the remediation work,so it failed to be completed on time.However,in September 2015,the school has relocated to its new premises.In September 2015,nearly 500 students in the school have been diagnosed with abnormal symptoms one after another,which caused the parents to pay attention to the environmental quality of the school and its surrounding contaminated land.After the incident,the school announces that the situation is normal,and the local government and of the Department of the Environment explain hastily that there is no problem.Environmental pollution is a problem that must be involved in the development of economy and the transformation of industrial structure.This pollution incident is a microcosm of today Chinese environmental problems,which reflects the legal problems of the soil remediation of contaminated sites in China,triggering our ruminations about environmental protection and sustainable development and ringing the alarm bell for the current environmental situation.Based on the incident,This paper makes an analysis with the problems in the perspective of law,sums up the legal matter of the soil remediation of contaminated sites in China,and puts forward the legal countermeasures in order to avoid more tragedy.The paper has three parts including the incident,the legal matter of the soil remediation of contaminated sites and the legal countermeasures as follow:Part I: the introduction of the case.This part refines the subject and analysis the legal matter by stating the incident of contamination of Changzhou foreign languages school.Part II: Analyzing the legal matters about the soil remediation of contaminated sites from the incident of contamination of Changzhou foreign languages school.This part makes a legal analysis of the incident from three aspects: Firstly,imperfect soil environmental quality assess legal system from assess subject,assess procedure and management department;Secondly,improper soil environmental quality standard;Thirdly,the situation of environmental information disclosure system in practice;Fourthly,the situation of the public participation in practice.Part III: legal opinions for the second part.Learning from foreign experience,the part put forward the suggestions for the four legal matters with the practice of the soil remediation of contaminated sites.First,suggestions for improving soil environmental quality assess legal system from assess subject,assess procedure and management department;Second,optimizing the current soil environmental quality standard and enacting the local soil environmental quality standard;Third,improving the environmental information disclosure system by establishing the soil condition publication system and the pollution of electronic field information in tracking and managing files and enlarging the range of the subject of duty for environmental information disclosure.Fourth,perfecting the public participation by implementing the right of public acquisition,the participation,supervision and relief.