Study On Legal System Of Remediation Of Contaminated Sites In China

Land is an indispensable natural resource for human survival and development,In our country's industrialization and urbanization,due to industrial restructuring,relocation of enterprises brought a large number of contaminated sites,endangering the health of citizens,undermining the ecological environment,limiting the land again for development and utilization,Various negative conditions have gradually emerged,so remediation of contaminated sites has become a top priority.The research on the contaminated sites in our country started relatively late.The legal system often attached to other legal norms,the lack of a specialized legal system.There are also many problems in the management and repair,such as the lack of high-level legislation,the responsibility system is not clear,the information Public lack of transparency,difficult to ensure the public participation,the establishment of contaminated site fund system is not perfect.,research on the remediation system and legislation status of the contaminated sites in advanced countries,and provide ideas for the exploration of the legal system theory and system construction of contaminated site remediation in china.In addition to this introduction mainly includes four parts.The first part discusses the concept and characteristics of contaminated sites of various concepts and definitions for contaminated sites are different,with strong local characteristics,Then,the characteristics of pollution fields are different from the atmosphere and water,so as to have a preliminary grasp of the study of contaminated sites.In addition,the study of the legislative basis of remediation of contaminated sites,theoretical research on the establishment of the legal system has an important role to play.This paper mainly introduces three theories,including environmental rights theory,sustainable development theory and ecological theory.The three theories provide sufficient theoretical support for the legislation of remediation of contaminated sites in china.The second part introduces the problems existing in the legal system of the remediation of contaminated sites in China.Only by finding out the problems,can we find the appropriate method to solve the problems.It is found that the problems existing in the legal system of contaminated site repair are relatively concentrated in China.There are some problems,such as imperfect legal system of pollution site restoration,unclear subject of responsibility,imperfect information disclosure system,and difficult implementation of public participation system,and all these situations restrict the progress of the remediation of contaminated sites in China.So this part of the study is of great significance for the improvement of the recommendations.The third part studies three representative countries in the United States,the United Kingdom and Germany,This part is mainly from the legislative status and institutional characteristics,hoping to gain experience and provide some suggestions for my article.First of all,it is concluded that the establishment of the legal system for the remediation of contaminated sites in these three countries has similarities,first,there are perfect legal system;second,special legislation and related legislation;third,the system design is reasonable and comprehensive.Thus,the successful repair of contaminated sites cannot be separated from these three characteristics.Then,through the study of the United States ‘super fund law',German ‘federal protection law',‘British soil contaminated law' and other legal systems,learn from the experience,find out the deficiency and lack of analysis,to avoid making the same mistake.The fourth part is the core of this article,No matter what the status quo of the remediation of contaminated sites in China or the status quo of foreign legislation and the characteristics of the system,the ultimate aim is to provide suggestions for improving the legal system of contaminated site remediation.This part emphasizes the importance of the combination of national legislation and local legislation,the urgency of establishing the legal system of contaminated site restoration,and gives a detailed description of the establishment of the system of contaminated sites.To build a legislative model combining national legislation with local legislation,so as to improve the legal system of contaminated site restoration in china.Improve the investigation and evaluation procedures,clear investigation themes and investigation procedures,refine risk assessment procedures,making the system operable.The responsibility system of contaminated sites is established,and the principle of polluter pays is combined with the principle of "beneficiary pays",which establishes the responsibility system that the polluter takes the primary responsibility and the government takes the supplementary responsibility.In the establishment of information disclosure system problems,I discuss the disclosure of information on the importance and how to establish information disclosure system,according to the current situation of China ‘Internet +'and the information disclosure combined to meet the requirements of the development.Pay attention to public participation system,to protect the public's right to participate and the right to know,to supervise the contaminated site remediation in the form of social supervision.Learning from foreign experience,this paper puts forward suggestions for the establishment of pollution site repair fund in China,and explores two modes of government financing and public financing,so as to make the financing channels more diversified and repair funds more abundant.