| With the development of the economy and society,land has become an indispensable resource.As the operators excessively pursue economic benefits in the process of land use,regardless of environmental issues,the phenomenon of soil desertification,salinization and depletion is endless,and the situation of soil pollution in the country is becoming more and more urgent.The prevention and restoration of soil pollution is the common responsibility and obligation of the whole society.To this end,more subjects need to be involved and bear corresponding responsibilities.Up to now,China’s laws and regulations on the prevention and repair of soil pollution still have shortcomings.Although the laws and regulations stipulate the responsibilities of the responsible persons,the responsible persons of the state,especially the government as the state responsible person,should bear the responsibility.Responsibilities are rarely involved.Soil pollution is a key issue in the field of ecological environment.The responsibility of government status is one of the specific issues and starting points of the problem.Only by clarifying the state responsibility of the government in the ecological restoration of soil pollution can we implement the concept of “healthy China” in depth.Status-based liability does not come from “behavior”,it is different from behavior-based liability,and does not take the fault of the behavior as the responsibility for taking responsibility.The responsibility of status-based liability stems from the ownership and control of the object itself,which determines that the responsible party responsible for state responsibility is also diversified.Among them,the government as a subject of status-based liability is conducive to making up for the lack of behavior-based liability,speeding up the repair of soil pollution,improving the utilization efficiency of land resources,and reducing the phenomenon of land pollution.However,in practice,the relationship between the status-based liability and the behavior-based liability of the actor is vague,when the government assumes status-based liability,and whether the government’s responsibility affects the actor’s responsibility for the behavior.As a government department,the division of labor when taking responsibility for the state is not clear,and the phenomenon of mutual shirking of responsibility among institutions isfrequent.Not only that,the current law also has defects in the status-based liability regulations,which hinder the effective implementation of soil pollution ecological restoration.At this time,while drawing on the "proportional principle" of Germany and the United States and the "exceptional provisions" of the Dutch government,in addition to the person responsible for the act,the person in charge of the state is responsible for the corresponding repair responsibility,and the person responsible for the act and the person responsible for the state are reasonably stipulated.The boundaries of responsibility,so that the two sides can better cooperate with the rapid implementation of soil pollution repair work.Due to China’s special land system,the situation and manner of status-based liability assumed by the government as the owner of the land,the owner of the use,and the subject of the factual control of the contaminated land are not the same,in order to solve the problem of the government’s ecological restoration of soil pollution.In fulfilling the problems of status-based liability.we must clarify the situation in which the government assumes status-based liability under different identities,improve the identification of the status-based liability for the state in relevant laws,determine the government’s responsibility for state responsibility,and vigorously improve the ecological restoration of soil pollution.Fund system to broaden the source of funds.At the same time,we will formulate more reasonable standards of responsibility for state responsibility,so as to better solve problems and achieve ecological restoration of soil pollution. |
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