| Soil pollution remediation refers to the land that has been inspected by the relevant environmental protection departments,soil pollution plots have been identified,and the relevant responsible persons shall bear the responsibility for remediation.As a public law responsibility,the main way to realize this responsibility is that the environmental protection administrative department orders the responsible person.Land has its own particularity,which is different from air pollution and water pollution.Land is more substantial and independent.This also provides more possibilities for the mechanism of bearing liability,and can supplement the basic principle of "polluter liability" by assuming the corresponding liability for subjects with exclusive soil management capacity,and cite the concept of "state liability" to supplement the subjects of soil pollution remediation and the relevant systems,provide more theoretical basis and make up for the deficiencies of the existing behavioral liability system."Soil Pollution Prevention Law of the People’s Republic of China" and local regulations have further adjusted and discussed the responsibility of soil pollution,and they also involve the status responsibilities.Article 45 of the Law of the soil pollution prevention clearly clearly incorporates the land use rights into the scope of the main body of the soil repair responsibility,but the current legal text still needs to design a clearer design of this system.In response to the research target of soil pollution restoration status,the comparative research method is used to analyze and summarize the legislative experience and jurisprudence of soil pollution status in Germany,the United States,and my country.The following problems: First,you need to clarify the constituent elements of status responsibilities.The constituent elements include discussion of responsible subjects,responsible objects,and subjective requirements.Second,the starting conditions for the start of responsibility for soil pollution need to be regulated,and the scope of responsibility scope Third,the implementation of the responsibility is implemented,and in the process,discuss issues such as performance,recovery,and supervision to ensure the implementation of responsibilities and make effective responses in relevant laws. |
