The Legal Issues Of Brownfield Development

At present, our country is facing the serious situation of soil environment. With the rising demand for environmental protection, brown received more and more attention. Brown refers to the city limits have been developed, but is now abandoned, idle or inefficient use, there may be a pollution but with development and utilization value of land use.The western countries in the process of realizing industrialization, first discovered brown, and the development of governance issues in the theoretical researches and practice of development, formed a relatively complete brownfield development legal system, in order to promote city brownfields renaissance. About our country brownfield status, according to the world bank in2005May release of Chinese waste management:Problems and suggestions in the" introduction," Brown" will become China each city faces the increasingly serious a problem. They will continue to affect public health, environmental quality and the value of land. Each Chinese city currently has about at least5000such brown. Clean the brownfield was always significantly higher than the initial cost due to the cost of waste disposal. China in the field of knowledge is not sufficient, the need to strengthen the understanding and research. The author searched for China in recent years, the legal laws and regulations and the academic article, found out the following problems:first, in our country the brownfield pollution prevention and control law, although a lot of places such as Jiangsu Province, Zhejiang province introduced a number of similar areas of the views and policies, but mostly on the solid waste caused by soil pollution problems, not specifically relates to brownfield development and management. In second, brownfield development theoretical research, there are a small number of scholars on brownfield phenomenon to be attention and research, but mostly the introduction and analysis of foreign brownfields law laws and regulations and soil pollution remediation technology and other issues, few scholars have combined with the current situation of our country, on the legal issues involved are effective system analysis and in-depth study.Considering the brownfield development can not only increase the city’s own economic interests and to alleviate environmental pressure, but also make the city space as a whole, for the community to create new employment opportunities. So the brownfield development problem undertake sober reflection and in-depth study is very necessary, this kind of thinking and research is helpful to the analysis of brownfield development risks and how to prevent, brownfield management responsibility and financial planning, helps to build with Chinese characteristics, brownfield development legal system.This article is divided into three chapters, the first chapter introduces the definition of brown, and Brown’s characteristics, and then discusses the brownfield development necessity, pointed out its social and economic development of city and dweller life significance. Then the brownfield development risks are summarized, for the next chapter explores the establishment of China’s brownfield development risk prevention system to do the groundwork. The third chapter introduces the United States super fund system of legal responsibility, and other national brownfields cleanup funding source, was designed by combining the current situation of our country, put forward to construct our brownfield legal liability framework. Then our brownfields cleanup costs planning problems, first affirmed should adhere to the polluter pays principle; secondly, in order to solve the problem of pollution to assume administrative costs may be facing bankruptcy, proposed the establishment of China’s environmental liability insurance system; finally, due to historical and other reasons do not identify polluters, how to effectively raise brownfields cleanup costs, put forward to suit our country’s diversified financing solutions.