Liability Methods Of Public Interest Environmental Litigation In The Area Of Soil Pollution

With the continuous development of urbanization,the land utilization rate is also constantly increasing.Unreasonable disposal of hazardous waste in industrial areas has led to serious soil pollution problems.Therefore,environmental protection organizations attempt to achieve the purpose of controlling soil pollution through public interest environmental litigation.The case of “Poisonous Land” in Changzhou Foreign Language School came into being.In the first instance,the two non-profit organizations lost the lawsuit,and the second instance judgments of the three chemical companies were to bear the responsibility for soil environmental pollution infringement,apologize to the public,and pay related expenses totaling 230,000 yuan.After the two trials,different judgments,a series of doubt about the plaintiff's subject qualification,and questions like whether there is pollution behavior or whether it harms the public interest have caused the public to pay close attention and discuss the public interest environmental litigation cases in the area of soil pollution.The analysis conclusion of environmental law shows that there are many differences in soil pollution-related public interest environmental litigation,compared with general civil liability,and there are special liability methods.Among them,the two most representative liability methods are risk management and remediation of soil.The Law of the People's Republic of China on the Prevention and Control of Soil Pollution(hereinafter referred as the Law on the Prevention and Control of Soil Pollution)has specifically established the section on “Risk Management and Remediation” in the form of legislation.For soil risk management and remediation,the two kinds of liability methods,there are many representations such as soil pollution status survey,soil pollution risk assessment,risk management and control,remediation,risk management and control effect evaluation,remediation effect evaluation,and post-management activities.By analyzing the methods of civil liability such as stopping the infringement,removing the obstacles,eliminating the danger,restoring the original state,compensating for the loss,and apologizing,it is clear that the six types of responsibility are mainly for persons and property.The risk management and remediation of soil is different,it's mainly for the relief of the soil environment itself.In the public interest litigation of soil pollution,the two emerging responsibility modes of risk management and remediation should be given an independent status.For risk management,this independence is reflected in the clear control body,specific soil environmental risk assessment activities,and specific control standards.As for the remediation,it is different from the original state of the civil law.The responsible person of the soil pollution,the land use right holder,and the government bear the responsibility for remediation according to a certain order.The means of remediation responsibility here can be divided into a direct way of fulfilling the responsibility for remediation and an indirect form of responsibility for paying the remediation cost.The two new ways of responsibility management,risk control and remediation,can be applied independently in the soil pollution public interest environment litigation.After finishing the specific risk management and remediation activities,if the control and remediation effects are not satisfying according to the effect evaluation report,it is necessary to carry out post management.The main purpose of environmental protection organizations to raise public interest environmental litigation in the area of soil pollution is to repair contaminated soil better.Responsibility for risk management and soil remediation can be implemented through risk management and remediation.In the future,public interest environmental litigation cases in the area of soil pollution,according to the provisions of the Law on the Prevention and Control of Soil Pollution,the responsible person of soil pollution advocates the responsibility of risk management and remediation of contaminated soil and provides a strong legal guarantee for the treatment of contaminated soil.