Construction Of The Legal System Of Soil Pollution Prevention Fund

In recent years,with the continuous deterioration of the soil environment,the increasingly scarce land resources and the growing population have become new and urgent social contrad:ictions,and social mass events caused by soil pollution have also frequently occurred.In order to stabilize social order and build a beautiful country,the prevention and control of soil pollution have to be put on the agenda.Lacking of funds is the most crucial factor affecting the prevention and control of soil pollution in China.The wide area of soil pollution a nd the complexity of pollution type increase the difficulty of soil pollution prevention and control project.And the high cost of remediation and control limits the pace of prevention and control of soil pollution in China.Although the implementation of the special fund system for the prevention and control of soil pollution has achieved some certain results,it cannot provide sufficient and stable funds for the continuous prevention and control of soil pollution project,and also lacks the corresponding flexibility in applying for the use of the special fund system for the project.At the same time,it can not reflect the principle for pollution responsibility.With the increasingly serious soil pollution,the funding gap continues to expand.On the basis of abiding by the principle for pollution responsibility,and supplemented by the state and the public power for the socialized relief,the essence of the soil pollution control fund system has the characteristics of a wide range of sources,special funds,independent accounting and so on.The system has been confirmed by relevant laws and policies because it is flexible and easy to use and apply for,and can provide long-term financial guarantee for the soil pollution prevention and control project.However,the soil pollution control fund system is still a new thing in our country,and the provisions of the law on the system are relatively nebulous,so it is necessary to draw lessons from the successful experiences of other countries and regions,and combined the current situation of soil pollution and the laws and regulations in China so as to set up the fund system of soil pollution prevention and control with national characteristics.The fund system of soil pollution prevention and control is a beneficial exploration to solve the problem of insufficient funds for soil pollution prevention and control project by means of fund model,and its establishment and implementation must be based on laws and have evidence to be tested.Therefore,in addition to the Law on Prevention and Control of Soil Pollution,it is also necessary to speed up the establishment of the Measures for the Management of the Soil Pollution Control Fund and to standardize the specific contents of the fund system.Due to the great difference of soil pollution in different regions,the different emphasis of prevention and control,and the difficult effect of the fund to be predicted,it is suggested that the provinces should first be encouraged to formulate the provincial measures for the management of soil pollution control fund in accordance with the actual situation of the region.In the actual operation,the soil pollution control fund system should pay attention to the connection with the existing relevant system,mainly refers to the connection of the provincial soil pollution prevention fund with the central soil prevention and control special funds and the ecological and environmental damage compensation system.The establishment of the soil pollution control fund system should not only run through the principle of responsibility for pollution,but also follow the principle of state contribution to ensure the diversification of the sources of the fund,and at the same time,we should also follow the principles of the public participation and disclosure of information in order to protect the public's right to know and to participate in it.The soil pollution fund comes from a wide variety of sources,including financial grants,environmental taxes,public donations and other sources as well as the fees paid by polluters.The prevention and control of soil pollution is related to the well-being of the people,and therefore the effective and rational use of the soil pollution control fund must be made,only if the polluter is unable to identify or clearly identify the polluter but cannot afford the full cost of treatment and rehabilitation for various reasons,and in case of sudden soil pollution,the fund can only be used.At the same time,the fund can only be used for matters related to the prevention and control of soil pollution,including the preparation of relevant pollution monitoring facilities,the investigation,appraisal,treatment and rehabilitation of contaminated soils and publicize and educate the public about preventing soil pollution and make reasonable investment and so on.The soil pollution prevention and control project has the public welfare,and the fund supply function of the soil pollution prevention and control fund should be guaranteed by the public law,so the fund should adopt the financial group legal person model in the public law.Based on the role of government managers and the richness of their resources,the government should lead the establishment of the soil pollution control fund and the management committee of the soil pollution control fund to attract professionals and scholars,and at the same time to clarify the application of the fund.In audit,issue,use,supervision and other procedures to ensure the effective operation of the fund.The supervision mechanism of the soil pollution prevention fund is composed of internal supervision and external supervision and it mainly supervises the use of the fund and the work of the fund committee,and is held accountable for the abuse of the fund and other illegal acts.