Analysis On Changzhou Poisonous Land Case

On January 25,2017,the Changzhou Intermediate People's Court made a first-instance verdict on Changzhou Foreign Language School's drug use case,dismissed the plaintiffs natural friend and the Green Club's lawsuit request,and jointly assumed the case processing fee of 1.89 million yuan.The case of poisonous land in Changzhou caused widespread concern from all walks of life and exposed many legal issues in China's responsibility for soil pollution control.The first is how to determine the responsibility of pollution land plot management after the pollution land mass transfer.In the Changzhou poisonous case,government departments rectified the plots involved.The Changzhou court held that because the Changzhou municipal government was implementing environmental remediation,the three defendants could not replace the government's environmental remediation activities.According to the basic principle of "whoever pollutes and who govern" environmental law,the soil polluter is the primary responsibility subject,and three chemical companies should be investigated as the soil polluters to take on the responsibility for repair and restoration.The government does not completely replace the polluters and become the environment.Responsible party for repair.According to the "net land"transfer system for construction land,the transferee of land use right should have the right to know about the soil quality,and the land transferor and the reserve department should ensure that the land has fully met the "net land" standard when conducting market transactions and should inform Assignee of land use rights.That is,the principle of "net land" circulation should be followed in the transfer of land use rights.This is of great significance for the identification of the responsible subject of pollution land management.With regard to the application of the life-long responsibility system for soil pollution control,on July 1,2017,the "Pollutant Soil Environment Management Measures" issued by the Ministry of Environmental Protection was formally implemented,which stipulated the implementation of a lifelong responsibility system for soil pollution control and restoration,and a lifelong responsibility.Applicable conditions.In the case of Changzhou Toxic Substances,the third party shall fulfill the application requirements,and shall consider the characteristics and applicable conditions of third-party performance.