Study On The Implementation Issues Of The System Of Soil Pollution Treatment Responsibility In China

Soil environmental quality is related to human survival and development.The soil pollution control responsibility system established by The Soil Pollution Prevention And Control Law provides institutional norms for effectively controlling soil pollution and safeguarding environmental public interests.However,affected by the characteristics of soil pollution and the positioning of national laws,the relevant provisions of the law are too principled and not specific enough,and there are still some problems in practice.The responsibility for soil pollution control is essentially a public law responsibility,which mainly includes the following contents in terms of system composition:the subject of responsibility is the person responsible for soil pollution,the person with land use right and the government,the principle of imputation is the principle of no fault liability,the principle of responsibility distribution is the principle of share responsibility,and the form of responsibility is divided into measure implementation responsibility and cost bearing responsibility.There are three key problems in the implementation of the responsibility system for soil pollution control:in terms of the connection of the accountability mechanism,the overlapping application of the administrative order for soil pollution control,environmental public interest litigation and ecological environment damage compensation should follow the principle of "administrative accountability prior to judicial accountability" to determine the applicable relationship of various accountability means.In terms of the selection of responsibility subjects,the fixation of responsibility sequence of responsibility subjects is difficult to ensure the effectiveness of governance,and administrative organs should be allowed to select responsibility subjects according to the principle of effectiveness and proportion.In terms of law enforcement,supervision and management,the law enforcement and inspection provisions in the process of soil pollution control are not clear and the punishment is insufficient,which is not conducive to ensuring the implementation of governance responsibilities.The law enforcement,supervision and management mechanism of soil pollution control should be rebuilt based on the principle of cooperation.In view of the existing problems,it is suggested to improve the implementation mechanism of the responsibility system for soil pollution control from the following aspects.First,improve the connection mechanism between administrative accountability and judicial accountability for soil pollution control.Administrative organs should give priority to the application of administrative orders to relieve soil environmental damage,and the compensation for ecological environmental damage can be started only when the relief is insufficient;when environmental protection public interest organizations bring environmental civil public interest litigation,they should give administrative organs the opportunity to make up for their mistakes through pre procedure;the procuratorial organ should take whether the administrative means can realize the relief of soil environmental damage as the judgment standard for filing environmental civil or administrative public interest litigation.Second,optimize the selection mechanism of responsible subjects.The urgency of soil pollution control and the temporary inability of the person responsible for soil pollution to identify or bear the responsibility shall be taken as the premise for the land use right holder to bear the responsibility;at the same time,it takes whether there is expected possibility as the measurement standard of the liability limit of the land user,and defines the scope of the exercise of his right of recourse according to whether he is at fault or not.Third,improve the cooperation mechanism of law enforcement,supervision and management of soil pollution control.Strengthen law enforcement inspection and law-abiding assistance for soil pollution control,broaden the scope of application of environmental credit evaluation,implement reward and punishment measures,strengthen information disclosure,increase incentives,and ensure public participation.