The Basis For Right Of Claim For Compensations For Soil Pollution Damages

The frequent reports of "cadmium-polluted rice" incidents in recent years have aggravated people's worries on the coming of "Itai-Itai Disease" soon. With the development of economy and improvement of people's cognition and cultural quality, the soil pollution problem has been arousing people's attention gradually. The traditional administrative measure to control soil pollution has failed to win people's support. The voice for claiming compensations for the damage of soil pollution has been strengthened. While the Ministry of Environmental Protection has declared that the Soil Pollution Control Act is about to come out, trying to guarantee the basis for right of claim for compensations for soil pollution damages based on the existing laws so as to make sure the right-claimer to get enough relief is something of great urgency.This thesis consists of five parts. Part 1 is an illumination of some terms in the title including "soil pollution", "compensation for damages" and "basis for right of claim". This part also makes an analysis on the legal subjects during the compensation for soil pollution damages, providing a general introduction of this thesis. Part 2,3 and 4 are arranged trying to find the basis for right of claim in three accountability forms-"return to the original", "stop damaging, remove obstacles and eliminate dangers" and "compensation for damages", respectively. In every part, the concept interpretation comes first, followed by legal basis and applicable laws for special cases. Part 5 is a comprehensive summery and comparison of all cases cited before so as to find applicable laws for soil pollution damage compensations and finally get the solution accordingly. For example, the standard application of right of claim in co-opetition and aggregation, the initiative power of justice in compensation lawsuits for soil pollution damages.The whole thesis is developed from the perspective of finding the basis for right of claim in compensation disputes for soil pollution damages which echoes the Soil Pollution Control Act about to come out. If the new Soil Pollution Control Act is designed focusing on the "prevention" and "control" of soil pollution issues, the endeavor in finding the basis for right of claim in the existing laws to solve the leftover problems in soil pollution tends to guarantee the rights, interests and relief for right-claimers.