Reach On The Civil Liability Of Contaminated Sites Cleanup And Remediation In China

Soil is the guarantee of food safety in the first line of defense.It is also a primary basis that build a healthy living environment.Its quality is directly related to economic development,ecological security and well—being of the people.In recent years,the situation of soil pollution in China is grim.In contrast with it,our prevention and control legislation on soil pollution relatively lags behind.After “The People's Republic of China on the prevention and control of air pollution”“The People's Republic of China on the prevention and control of water pollution”and other similar laws were issued,“The prevention and control action plan of soil pollution”was issued by the state council on may 28,2016.It is a normative document which will guide our prevention and control legislation on soil pollution now and in the future.On December 31,2016,“Environmental management measures for pollution plots(trial)” was issued by Ministry of Environmental Protection.It is a specific guide to the operation of previous legal document.The article will introduce and analysis two typical cases on soil pollution firstly.Then the paper will reach on the civil liability of contaminated sites cleanup and remediation in China.And at the same time,it analyze the rationality and the problem on “Thepreventionand control action plan of soil pollution”Art.21 and “Environmental management measures for pollution plots(trial)”Art.10.Finally the article will put forward my own opinion.Hopefully they can improve the operating value of articles of law in practice.In the first part,thepaper mainly introduces two cases of soil pollution which is about the civil liability of contaminated sites cleanup and remediation.Through the analysis of the case,our country has the need of contaminated sites cleanup and remediation and the system is not sound.At the same time,the article analyze “The prevention and control action plan of soil pollution”Art.21and“Environmental management measures for pollution plots(trial)”Art.10.Then I will point out the problems.In the second part,though the comparative analysis to clarify some related concepts on the civil liability of contaminated sites cleanup and remediation in China.Then the paper will study the present situation of the civil liability of contaminated sites cleanup and remediation.In this way,we can in based on the requirements of the reality in our country,draw lessons from the advanced experience of other country.In the third part,the article will detailed analyze the problem of the civil liability of contaminated sites cleanup and remediation in China.This part of paper will develop from the aspects of the subject of the civil liability of contaminated sites cleanup and remediation,constitutive requirements,the principle of imputation,methods of bearing liability and exemption.The last part,for the third part of the problem,put forward their own ideas.This part of paper will insist the principle of combining the locality and portability and draw lessons from the advanced experience of other country.Hopefully these ideas will give a hand to build a perfect system of the civil liability of contaminated sites cleanup and remediation in China.