The Study On Government Priority Of Soil Pollution Cleanup Costs

At present,soil pollution is the serious problem,and the deterioration of the situation has become resistance of the sustainable development of agriculture in our country,putting forward severe challenges for our country's economic construction and development.Domestic Scholars have realized the severity of soil pollution,beginning to actively seek the effective way for prevention and cure of soil pollution.The United States in the fifties and sixties of the last century began to have the relevant soil conservation laws and regulations,and constantly revise and perfect with the development of the society,forming a scientific and effective system of soil pollution prevention and control and its advanced experience is worth learning.This paper aims to the analysis of super fund law and a series of relevant complementary laws and regulations,to explore soil pollution cleanup costs priority system in the United States,and introduce the essence part of it on the basis of a comprehensive understanding of the system and measures combined with China's national conditions,in order to provide some useful reference of soil pollution control legislation in our country.Government priority of soil cleanup costs include "soil pollution cleanup costs of government" and "priority" two big factors.This article tells about the present situation and characteristics of the system of priority firstly and then tells the story of the regulation of our country soil pollution cleanup costs,analyzing the challenge of the soil pollution cleanup in China's environmental law and legislations in relation to soil pollution cleanup in our country.The related environmental legislation in our country has established the polluter pays principle.There is no doubt that pollution cleanup costs shall be borne by the polluters.When unable to determine the main responsibility of the soil pollution,or the main responsibility of the soil pollution is unwilling or unable to perform soil pollution cleanup duty,the government will clean up it,and if the government have the priority system of soil pollution cleanup costs,the polluter pays principle cannot as a legal basis for the corresponding,therefore this article then take the study to super fund law in the United States as the center,analyzing government lien system of the soil pollution cleanup costs in the United States,including the federal lien and windfall lien,and putting forward to legal basis for our country to establish the government priority system of the soil pollution cleanup costs,and finally draw lessons from the super fund law,combined with the condition of our country,to put forward the introduction of the priority system for soil pollution cleanup costs to perfect our country's legislation of soil pollution prevention.