Study On The Responsibility Subject Of Soil Restoration In The Reconstruction Of Brown Land

Soil resources plays a crucial role in human society which is the source of all production and all existence and the basis for human existence and substantial being. With the continuous development of industrialization, a lot of land were contaminated.They was named "Brownfield Site". Urban land becomes more and more nervous with the expansion of the city. We need to clean up stretches of contaminated land, and turn them into commercially viable new developments. Many pollution enterprises no longer exist with the time passed by. Having gone through the transformation of State-Owned Enterprises and the transference of land, the subjects of liability becomes very complex. In practice it is a challenge to choose the liability to shoulder the responsibility of soil remediation.The absence of the legal system to become a major bottleneck restricting the practice of soil remediation of contaminated sites. The article aims to perfect the regulations about the soil remediation responsible in the case of the Brownfield Site redevelopment and provide a reference for the legislation of soil pollution.The article consists of four chapters. The first chapter introduces and analyzes the related legislation of the soil remediation responsible in the case of the Brownfield Site redevelopment. The second chapter is about the defects and causes of the legal system about the soil remediation responsible in the case of the Brownfield Site redevelopment. A lot of typical cases show that Brownfield Site redevelopment responsible in practice is in a mess, which leads to many sites without remediation. Through the combing and analysis of legal provisions, we don’t have specific legislation and local policies are contradictory, which is due to the backward idea of legislation. The scope of responsible is narrow and the most famous principle called the polluter pays can’t solve the condition that no polluters can be found because of long time. And it is difficult to implement without corresponding system. The third chapter is that in Taiwan in order to expand the scope of the subject of soil remediation, they benchmark state responsibility. Guided by this theory, the owner and the user should also be responsible for oil remediation. It goes well in Taiwan which shows that the theory can make up for the deficiency of the polluter pays principle. The forth chapter is about the perfection of the regulations about the soil re- mediation responsible in the case of the Brownfield Site redevelopment in China. The first is to make special laws of soil remediation responsible in the case of the Brownfield Site redevelopment. The second, the author suggests that our country should expand the scope of soil restoration responsible. In order to demonstrate the feasibility of benchmarking state responsibility, the author analyzes the operating condition in Taiwan and current situation in china. Then combining to China’s practical condition, the author proposes and demonstrates the soil remediation responsible in the case of the Brownfield Site redevelopment. The third, the author suggests that we should establish related supporting system.