Study On The System Of The Subjects Of Soil Pollution Remediation Liability In China

In recent years,there have been frequent soil pollution incidents in China,and the soil pollution situation has become increasingly severe.However,there is still no specific legislation on soil pollution prevention and control in the current legal system in China.The legislation on soil pollution remediation is fragmented and lacks systematism.It is difficult to establish the system of soil pollution remediation obligation based on peripheral legislation,which is not conducive to the implementation of remediation activities.The subjects of obligation is the key to soil pollution remediation.It is conducive to the realization of legal regulations on the responsibility mechanism through the establishment and improvement of China's obligation system for the remediation of soil pollution,and the clarity of legal subjects of obligation and related entities,which is also the effective path to the remediation of soil pollution.In addition to the introduction,the essay includes four parts,which discuss the relevant concepts,legislative status and existing problems of the remediation of soil pollution,foreign institutional instructions and reference,and corresponding improvement measures,as follows: at the first part,the relevant concepts of the system of the subjects of soil pollution remediation liability were clarified,and the necessity of the system was discussed in terms of current pollution situation in China and the difficulties in soil remediation.The second part expounds the status of the system of the subjects of soil pollution remediation liability in China.By analyzing the legal provisions of the subjects of soil pollution remediation liability,the problems existing in the current system are explained.The problems are mainly reflected in the absence of specific legislation,the lack of a unified guiding principle for the distribution of liability,the ambiguity of the the subjects of soil pollution remediation liability,and the lack of related supporting systems.The third part is the inspection and reference of the subject system of the extraterritorial soil pollution remediation liability,and study and analysis the relevant legislation and system content of the United States,the United Kingdom,Germany,and Japan to clarify the identification of subjects,the manner of liability and the supporting systems,and analyzes them.Which could be refered is mainly including accelerating the legislative construction,determining the principle of attribution of remediation liability,building a liability system for soil pollution remediation,and establishing supporting financing mechanisms etc.The fourth part puts forward some suggestions for the system of the subjects of soil pollution remediation liability in China.In view of the aforementioned issues,it puts forward some proposals from both the legislation and institution on the basis of a reasonable reference to the extraterritorial system.First,we should speed up the special legislation on soil pollution prevention and control in China,and supplement it with the formulation of supporting laws and regulations and local legislation to form the legal system of soil environmental protection with special legislation as the core.Second,determine the distribution principles of remediation of soil pollution obligation,and clarify the subjects of the soil pollution remediation liability of the polluters,land users,enterprises engaged in soil environmental protection and the government,and different subjects are differentiated in the way of liability,to form China's obligation system for the remediation of soil pollution in the scope of liability,the principle of attribution,the reduction of liability and exemptions and other aspects.Finally,establish relevant supporting systems for the system of the subjects of soil pollution remediation liability,including the environmental liability insurance system and the soil pollution remediation fund system,to improve the social sharing mechanism of soil pollution remediation.The implementation and improvement of the system of the subjects of soil pollution remediation liability will be promoted in China.