Research On The Judicial Application Of Repair Responsibility In Soil Pollution Tort

In May 2016,the state council issued the notice of the action plan for the prevention and control of soil pollution,which requires improving the quality of regional soil environment.The soil pollution prevention and control law of the People’s Republic of China has been adopted.However,the responsibility of soil pollution remediation is difficult in judicial practice.On the one hand,restitution,as one of the responsibilities of restoration,is different from civil law in that it has its own characteristics in terms of the appropriate subject,mode and scope.On the other hand,there is no uniform standard and lack of feasibility in judicial practice.This paper will take 104 cases of soil pollution infringement in judicial practice as the object of study.By analyzing the dispute focus of soil pollution infringement cases.This paper studies the judicial application of remediation liability in soil pollution infringement from four aspects.The first part introduces the background,purpose,method and object of the research.The second part analyzes the basic situation of the application of remediation liability in soil pollution infringement cases.From the overall situation to the key situation,this paper describes the characteristics of the application of the responsibility of remediation in soil pollution infringement.The third part discusses the problems existing in the judicial application of the responsibility of remediation in soil pollution infringement.From the three aspects of the subject of rights,causality,it explains the difficulties in the application of the responsibility of remediation in specific judicial practice in soil pollution environmental infringement cases.The fourth part studies the remediation system of soil pollution in the United States,Germany and Japan from the perspective of comparative law.In order to ensure the judicial application of soil pollution remediation responsibility,the author thinks about the way to improve the application of soil pollution remediation responsibility.