A Study On The Legal Problems Of Urban Brownfield Redevelopment In China

With the rapid development of economy and the speeding up of urbanization process,the city's heavy industry enterprises were removed out of the downtown place in the wave of "suppress the second industry and develop the third industry”.The land left by the relocation of the enterprise leaves a new land space for urban development,but this kind of land usually has complex soil pollution problems,which we call "urban brownfield".How to promote the legal regulation of the brownfield,in order to promote its pollution investigation,risk assessment,rehabilitation management and safety development and its reuse with the purpose to ensure environmental safety and to achieve sustainable development of the city has becoming a more and more important assignment for governments.Based on this,this paper analyzes the existing problems in the process of urban brownfield redevelopment under the new situation and tries to propose suggestions for improving the legal regulation of brownfield redevelopment in the next stage of China.Apart from the introduction,this paper is divided into four chapters:In the first chapter,the concept of "brownfield" is clarified,and then the necessity of "urban brownfield" redevelopment is expounded from the perspectives of urban sustainable development theory,industrial structure adjustment theory,environmental justice theory and risk prevention theory.The second chapter briefly introduces the redevelopment situation of "urban brownfield" in China,and expounds the legislative situation and problems in the process of redevelopment of "urban brownfield",such as lack of the basic legal regulation of brownfield redevelopment and responsibility system,limited channels for public participation,imperfect mechanism of risk prevention and ineffective implementation of environmental impact assessment.The third chapter introduces the basic legal system of redevelopment of "urban brownfield" in two countries including USA and UK,and summarizes the beneficial experiences of "Brownfield" redevelopment in these areas,then provide the reference for the legal regulation of China's Brownfield redevelopment;Based on the analysis of the first three chapters,the fourth chapter puts forward the suggestions on the redevelopment of "urban brownfield",which include perfecting the laws and regulations,establishing the main liability system,improving the information disclosure and public participation mechanism,and,establishing the risk control mechanism for "urban brownfield" governance and re-use.In addition,strictly implementing the brownfield redevelopment environmental impact assessment system.