The Identification And Countermeasures Of Soil Pollution Infringement In China

Soil pollution infringement refers to the act of legal responsibility for the damage to the personal rights and property rights and interests of others by the medium of "soil" because of industrial activities or other man-made reasons.The current status of soil pollution infringement in China is characterized by serious infringement of the status quo and very few complaints of infringement disputes,and the legislation of soil pollution infringement is too fragmented.For the determination of soil pollution infringement,the four major elements of infringement,damage facts,causation,and the main body of responsibility should be closely followed.The determination of infringement is not subject to illegality and subjective fault.The damage includes factual damage and potential dangers.The theory of causation and presumption of causation are the theoretical basis for the determination of causation.Enterprises,individuals,and governments can assume the main responsibility.At the same time,combined with the absence of specific legislation in China's legislation and judicial practice,the special soil pollution judicial appraisal mechanism is not perfect,the application of the burden of proof is not clear,the main responsibility,the responsibility to bear the way difficult to implement and other issues,learn to learn from the United States,Japan and China Taiwan Regional recognition and prevention of soil pollution infringement legislation experience and judicial practice.On the basis of taking full account of China's national conditions,we must speed up the development of a special soil pollution prevention and control law,improve soil pollution certification standards and supporting systems,and improve the specialized soil pollution forensic identification mechanism,further clarifying the necessity of applying the principle of inversion of burden of proof on soil pollution infringement.Sex,and apply this principle to judicial practice,to further improve the soil pollution infringement liability investigation system,clarify the responsibility of the main body and responsibility to bear in order to relief the victim's legal rights,and better contain soil pollution infringement.