Study On The Legal Responsibility Of Soil Pollution

Nowadays,the overall situation of soil environment in the whole country is not optimistic.It has caused great challenges to human settlements and ecological safety.As one of the harnessing problems,it is necessary to improve the legal means.The legal responsibility of soil pollution is the key link of the full utility of legal means,based on the characteristics of soil pollution strong concealment and long persistence.As a key and difficult point in the legal responsibility of soil pollution,civil legal liability exists the necessity and demand for studying it.The article includes introduction and three chapters.The introduction part introduces the background and significance of the topic selection,and expounds the basic proposition of the current civil liability field of soil pollution,which covers the current research situation and comments.The first chapter is the basic theory of civil liability for soil pollution,including the concept,elements and basic principles of civil liability for soil pollution.The basic content of civil liability for soil pollution has laid the foundation for the writing of the following,and the basic idea indicates the direction for the improvement of the civil legal responsibility of soil pollution.The second chapter is about the problems of civil liability for soil pollution and its causes.There are some problems in the civil legal liability of soil pollution,such as the identification of the responsibility subject,the limited ability to bear the responsibility,the lack of the type of responsibility,the imperfect scope of responsibility,the confusion of the principle of imputation and the inadequacy of the implementation of the responsibility.The reasons for the problems of the civil legal liability are the one-sided influence of the concept of single responsibility,the lack of specific legislative expression and the deviation of value orientation and interest pursuit in practice.The existence of these problems impedes the legal means to play its due role in the soil field.The third chapter is based on the foregoing,and puts forward the perfect path of civil liability for soil pollution.In the course of future specialized legislation,we must pay attention to the perfection and coordination of specific content,fully uphold the principle of balance of right and responsibility,and bring the subject of polluters,land rights holders and governmentinto the scope of responsibility.We should establish a coordinated and complementary dynamic coping mechanism by unifying basic responsibility standards,setting responsibility limits and reduction,and defining responsibilities under common responsibilities.In order to improve the effectiveness of the civil liability system of soil pollution,the civil liability for soil pollution should be improved by means of establishing the type of responsibility bearing,clarifying the specific responsibility and setting up the civil liability to realize the guarantee measures.Through the above measures,we can improve responsibilities and promote implementation.