Research On The Legal System Of Urban Brown Land Management In China

The land is the foundation of all things,and it is an indispensable key factors in urban development.As the city is major carrier of human activities,urban land’s sustainable development can promote sustained economic development and urbanization prosperity.However,the urban land has ecological function,economic function environmental function and other functions,but it is also the thing that is gathered all kinds of pollutants.Brown land is such a polluted land,and it is pollution problems of history in the process of urban industrial restructuring.While the "Love Canal" incident makes the "Super Fund Law" came into being,governance issues of brownfield aroused widespread concern in various countries.In China,under the influence of the early extensive economic development and "developing the heavy industry vigorously",the land has long been buried hidden dangers of brownfield.In the 1990 s,the cities pursue the policy of "The second industry to withdraw and the third industry to enter",and then get on industrial restructuring.So industrial enterprises start to exit the original center of the city and moved to the suburbs.But the land is not relocatable.The brownfield gradually appeared in front of people.For instance,Beijing Tongtianyuan district is built on Beijing’s largest garbage dump,so some residents were died suspected of soil pollution.But at present,China has no special "Soil Pollution Prevention Law" to control brownfield.Because of the low level,lack of execution and other reasons,the existing laws and regulations can not play an effective regulatory role.At the same time,China’s research about brownfield management is still in its infancy,Although the governance of brownfield achieved some results in theory and practice,but the complete legal system about brownfield is not formed.Therefore,this paper intends to start from the perspective of the legal system of brownfield,and put forward constructive legal suggestions for the effective management of brownfield in China.This paper is divided into six parts.The first part is the introduction,introducing the background,significance and the current research status at home and abroad.The second part is to illustrate the definition of brownfield and the main features,in which the author want to definite the definition of the brownfield in the national condition of China,and to analyze its main features.The third part is about the current status and and the governance situation of brownfield in China.In this part,the author want to analyzes the problems and challenges in the treatment of brown land in China at present.In the fourth part,the author want to explain the reality of the governance of brown land in the light of the legislative practice of governance in ChongQing.The fifth part is the inspection of the legal system of brownfield in China.From the angle of legislative and legal system,the author elaborates how our country’s governance system is designed,and pointes out the thelegislation and institutional deficiencies.The sixth part is written about the US governance model,which is skilled in the urban brown land management’s legal mechanism.This paper introduces the system of its characteristics and the system that can be used for reference,in order to draw lessons about the establishment of the legal system of brown land in China.The seventh part is the idea of perfecting the legal system of urban brown plots in our country,which take the time of the brownfield governance process as a clue.To make author’s suggestions about building a more perfect brownfield management legal system,then the paper constructs a series of systems,including survey evaluation system,responsibility attribution system,financial support mechanism and follow-up evaluation system.