The Legislation Research Of Soil Polluter Responsibility System

With the drastic development of the market economy and fast extend of modern industrial civilization,soil overexploitation brings more and more risk to the sustainable development of the social economy and environment. On the whole, the soil circumstance is not so cheerful,heavy metal pollutions incident in soil frequently occurred.It has brought great harm to people’s daily life and production conduction and working.The problems of soil contaminations is not the environmental matter,is also a potential social problems. According to current law and regulation alone to meet the requirements of prevention and control of soil pollution,it is far, far from enough.The study on the legislation research of soil polluter responsibility system emerged at the right moment in this context.Soil polluters responsibility system,which is formulated or approved by the state.when soil polluters breach legal obligations or promissory obligations or the law regulation directly,soil polluters must burden the adverse consequences. It includes a series of explicit laws and regulations. Before study the legislation research of soil polluter responsibility system,we must clearly define the content of the soil polluter responsibility system. The content of the soil polluter responsibility system should include the nature of the soil polluter responsibility, accountability for the subject,the shapes of soil polluter liability, method of responsibility and so on. With the appearance of new environmental protection law and Tort liability law and its judicial interpretation, we have made a great progress on the study of tracing soil polluter accountability. But in practice, we still have great problems in ascertain where the responsibility lies, polluter criminal liability, civil liability and administrative liability. The United States,Japan and the European Union and other developed countries attaches great importance to the soil pollution comprehensive legislation. They established some advanced legal system, for example, Soil pollution control fund system in America and System of soil pollution control area of Japan.The concreteness of legal liability and perfect mechanism has great guidance and reference significance in the build of soil polluter responsibility system.Therefore,we should establish and improve the soil polluters responsibility legal system and institutional framework.We also clear soil polluters criminal liability, civil liability and administrative responsibility, to build the perfect our country’s soil polluters responsibility system.