Study On The Legislation Of Soil Pollution Liability Mechanism

Various soil pollution problems are exist in China at present,which threats the human health and causes huge economic loss.The soil contention responsibility mechanism was missed in China as the soil pollution prevention law has not been enacted,directly effecting the soil pollution.This thesis analysis such soil pollution problem as follows.In the First Part,the characters of the soil pollution are that the soil pollution has impaired the environment deeply,unconsciously,consistently and irreversibly.So the Soil contention system should be a dynamic system,which should be comprehensive and scientific.In addition the necessary of building the responsibility system was proved as well.In the Second Part,the main content of soil contamination was presented,including the subject of liability,the scope of liability,doctrine of liability fixiation,distribution of liability,limit of liability,which lays a foundation for the further analysis.In the Third Part,Introduction of Germany and America soil pollution system was compared through the subject of liability,principle of liability and the realization of the liability.The statue of Germany and America soil pollution law are summarized by presenting their strength and weakness.The Fourth Part is about the soil pollution statue in China.Several statue was classified in this case.The most advanced one is Measures for the Administration of Soil Environmental Pollution in Polluted Land(Trial),combined the practice of the soil pollution.The Fifth Part was the three aspects suggestion of Chinese soil contamination.First,German's state liability should be used.And the innovation and originality is necessary,imitation and reproduction should be avoided.In addition,the soil pollution prevention law should be enacted recently.And a system centraled by it should be enacted.Lately,the suggestion about the subject,assignment,principle,limit and the realization form of the soil pollution liability was given.