Research On The Legal Liability Of Pollution Site In China

Soil is an essential part of citizen life and urban development.It is one of the environmental elements and the basic of human existence.In the process of economic development in our country,due to the importance of economic development and neglect of the protection of the environment,it has caused serious environmental problems.The remediation of contaminated sites is the focus of soil pollution prevention and control.The remediation of contaminated sites can not only alleviate the current problem of soil pollution,but also bring new opportunities for the development of the city.The legal basis for remediation of contaminated sites is not perfect,mainly in the following aspects.First,there is no special soil pollution control law in China.Soil,as an environmental factor,is not fully embodied in our current environmental protection law.Second,according to the "polluter pay principle",when the polluter cannot be determined in practice,the ultimate responsible person may become the local people's government,the successor and the right to use the land,which is unfair;Third,China's environmental protection departments fail to supervise."Relevant departments" pursue their own sector's interests and shuffle each other,weakening the functions of environmental management.Fourth,less funds for repair are mainly allocated by the government.Compared with the lack of soil remediation in China,a relatively perfect soil remediation system has been established in major developed countries.The legal basis for remediation of contaminated sites in the United States mainly includes the "polluter pay principle" established by the Comprehensive Environmental Response,Compensation and Liability Act,CERCLA.In view of the strict liability of super fund law,there are fewer investors.In 2001,the Small Business Liability Relief and Brown fields Revitalization Act amended the related issues.Japan has made corresponding provisions on the main body of responsibility and the way of realization.In principle,Japan stipulates that the responsibility of pollution elimination shall be borne by all owners,managers and occupants.If a polluter is not a person in everyone's waiting,the polluter bears the ultimate responsibility of eliminating pollution.The mature legal system and rich restoration experience in these countries and regions provide a good reference for solving the problem of contaminated sites remediation in China.To solve the problem of remediation of contaminated sites,China can learn from other countries' experience and establish a perfect soil remediation legal system.The improvement of the responsibility system of contaminated site remediation in China can be perfected from the following four aspects.First,we should improve the legal system for the prevention and control of contaminated sites at national and local levels,so as to ensure that there is a legal basis for remediation.Second,clear the two major principles of polluters pay and beneficiaries' payment,rationally allocate the responsibilities and responsibilities between different subjects,and take special provisions for the historical contaminated sites.Third,we should clarify the responsibilities of relevant environmental protection departments,strengthen the enforcement power of relevant environmental protection departments,and explore the management mode of contaminated sites.Fourth,we must establish diversified financing systems and broaden the channels for repairing contaminated sites.