| Brownfield sites are the urban areas that have been developed over the construction of part or contaminated, yet these lands are potential to be redeveloped or reused. Currently in China, there is no direct legislation on brownfield redevelopment in environmental liability, leading to the result that pollution liability of brownfield redevelopment, environmental tort liability, nuisance neighbors liability etc. are lawless nowadays.Brownfield redevelopment legal subjects are related to brownfield owners, the original land-use right owners and the land-use right successors. Liabilities that different subjects should bear vary depending on the current law. Howerver, the same subjects should also bear different brownfield redevelopment environment liabilities according to different legal act.Faced with the situation that current laws and regulations related to brownfield are imperfect and conflicts exist, brownfield redevelopment practice environmental liability has become increasingly prominent with no reasonable solution. As a consequence, this paper take brownfield re-development environment and assume liability as the research points, devoting to propose new ideas of brown Redevelopment environmental liability.This paper begins researches from the following points: first, we set out to the cases of related legislative legal norms and practice, and analyze the legislative and practical issues of brownfield redevelopment environmental liability. Based on real problems,the ones should bear the liabilities of brownfield redevelopment pollution are determined. Secondly, the situation of assuming environment liabilities after the land transferred and the concurrent liability of each stakeholder are implemented by analyzing their management liabilities. Finally, based on the status quo of brownfield redevelopment liability, we absorb foreign experience and scientific systems, and make recommendations to improve our environment, brownfield redevelopment liability regime. |
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