The Legal Research For The Recycle Using Of Poisoned Land In Urban Area

The land resource of our county is scarce, this situation decides the high real estatedevelopment value of the land which is left by the industrial removal or shutting down.Recycle using of the land is a standard to evaluate the local government’s multiplecapabilities. It also can raise the level of public health care and protect the agricultural land.However, the risk of recycle using land is inevitable, such as environment risk, society riskand overhead cost risk.The rules and legal system of recycle using poisoned land are not completed. Eventhough the some local governments have issued some local rules and regulations, thesystematic law is requested. In the practice, the estimating of re-construction on thepoisoned land cannot be applied through, existing the phenomenon that construction priorsthe evaluation; the controlling and managing the poisoned land cannot meet the rule of“polluter pays principal”; the standard of pollution evaluation is far from the practicalrequirement; it also lacks the finical policy to encourage the relative parties to recycle usethe poisoned land. The public right to information is affected by the shortage of legalsystem either, the publics also lack of the attitude to take part in the hearing actively; theresult of investigation of our domestic land is still not revealed, the publics couldn’t getnecessary information; the departments in charge cannot manage the poisoned land inordered, cross-managing and lacking of supervising exist at same time.In conclusion, changing the situation requests the legislation and practicingreformation. The legislators should create the law of protecting pollution of land. In thepracticing, the procedure of pollution evaluation should be applied strictly and its rulesneed to be adjusted in extensiveness and intensiveness; according to the rule of “polluterpays principal, ensuring each party’s liabilities, making the technique and protectingstandards, creating policies to encourage constructors to develop the poisoned land; securepublic’s right to information and rise citizens’ rate of participating by perfecting open information system; based on the methods of environment risk evaluation system, poisonedland using plan, poisoned land database to control and ensure the recycle usingsuccessfully.