A Study Of The Soil Pollution Management Liability Subject System Of China

Changzhou“poisonous land”event was exposed in April 2016,and caused a nationwide sensation,immediately after that,Guangzhou“New City poisonous land”event was exposed in May,and raised widespread public concern again.In 2014,the environment ministry and ministry of land and resources announced the national soil pollution investigate announcements together,according to this announcement,the soil pollution situation of China was extremely grim,16%of soil environments exceeded the limit.However,these exposed events are just an extremely small part of our country's soil pollution,and which threat our ecological environment and living environment safety of human being,as well as affect the sustainable development of our social economy.Therefore,accelerating to prevent and curbing soil pollution is a task that brooks no delay.Soil pollution is hidden and lasting,and curbing cost of which is very high,so,preventing the pollution enjoys the priority,we have to try our best to protect the clean land.Besides,it also depends on the protection of relevant environmental factors such as water and atmosphere to protect the land.If the land has been polluted,the only way to reduce its hazard and even realize the recycling is curbing.It needs system guarantee to curb the soil,and the system contains a series of specific rules,including pollution management liability subject rule.This rule confirms the liability belongings and subject,which is the premise of treating the pollution.The implementation effect of this rule directly affects the management effect.There is no specific soil pollution control law in China,but it can be extracted from the scattered articles of law,administrative regulations and local regulations that,the soil pollution management liability subjects come from polluters,land users and government,but the primary liability is taken by polluters or government.And in practice,it's usually difficult to find out the real polluters,so the government takes the management liability in most situations.However,government taking the management liability equals to general taxpayers taking the liability,and this is obviously unfair.On 31^st May 2016,environment ministry announced the Environmental Administrative Measures of Polluted Fields?Trail?,which stresses the land users'treatment and remediation liability.It reduced the possibility that governments take the final liability greatly.So to speak,this announcement has found a new balance among the soil polluters,the land users and government,and this is extremely meaningful.However,the rules about soil pollution management liability subject in both laws and administrative regulations are incompact and lack maneuverability,so the careful differentiation is a must in the future soil pollution control law and more practical rules should be made.The NPC has brought Soil Pollution Control law into legislation plan.So take this opportunity,this article will explore how to perfect soil pollution management liability subject system through integrating and analyzing the existing laws about soil pollution management liability subject,putting forward correction opinions,and combining the foreign experience which worthy learning.Hope it can be helpful to build a more perfect legal institution about soil pollution management liability subject system.