Research On The Responsibility Of Remediation Of Soil Pollution In Mergers And Acquisitions

Legislation since 2012,when the soil pollution prevention included in the legislative work of the state council three kinds of soil since the project by the end of last year so far,our country has not yet been introduced a specifically for soil pollution prevention law in dealing with the problems,although the local government introduced a series of local regulations and documents,but the local land problems,practices and regulations in respect of prevention and control of pollution also have different natural,lead to the local government regulations and is scattered and not system,does not have the sense of universality in the long run.National laws and regulations on the prevention and control of soil pollution and there are mainly the constitution,the environmental protection act,land management law,land management law implementing regulations,the soil environment quality standard,water and soil hold down,regulations on the land reclamation,the basic farmland protection act,the pesticide safety USES standard,standard of pollutant control in agricultural sludge,\"the irrigation water quality standard and law on the prevention and control of environmental pollution by solid waste,the law on the prevention and control of water pollution,the law on the prevention and control of atmospheric pollution,etc.However,these laws and regulations in terms of prevention and cure of soil pollution,more is just at the macro level for the principle of regulation,compared with the land pollution problems in the practice,in the practical application of its lack of operable rules,and compared with high environmental cost recovery,the punishment dynamics,illegal cost is low also highlight the issues that led to the lack of deterrence.in the existing legal norms about the responsibility and obligation,soil pollution after the merger,due to the behavior of the pollution of land in the previous company should produce pollution treatment responsibility by following the subsequent company,is a piece of legislation vacancy.And practice in dealing with this type of cases,it is usually based on the company law provisions on generalization "rights and obligations under the principle of" to hear the case,the practice of reasonableness and legality has been controversial.This article will focus on the jurisprudence basis and analysis of the existing legal system,from previous company in mergers and acquisitions of pollution treatment should responsibility and moral duty as having been the object of following this problem,by subsequent company to handle this type of case to provide direction for the future.