Research On Government's Responsibility For Soil Pollution Control In The Case Of Land Use Rights Being Reclaimed

With the acceleration of urbanization in China,the problem of urban soil pollution has become increasingly prominent.It is a practical and urgent issue to treat and redevelop the construction land that has been recovered by the government.Therefore,the Soil Pollution Prevention and Control Law of China stipulates the government's responsibility for soil pollution control in the case of reclaiming land use rights.However,the law does not specify the nature of government governance responsibilities for the recovery of land use rights,the applicable circumstances,and the governance methods and costs.China's public-owned land system allows the government to simultaneously assume the dual status of soil pollution supervisor and land owner on behalf of the country.Therefore,it is easy to confuse with the government's supervision responsibility in defining the nature of the government's pollution control responsibility for land use right recovery.The relevant laws and regulations before the implementation of the Soil Pollution Prevention and Control Law had few regulations and even the content was contrary.Therefore,the clarification of the government's responsibility for governance has become the key to solving the problem of soil pollution with the recovery of land use rights.First of all,it is necessary to distinguish between the nature of government governance responsibility and land resumption of land use rights,which are different from supplementary responsibility,agency performance and government administrative supervision responsibility.By explaining the theory of “status-based responsibility”,it is demonstrated that the government governance responsibility for the recovery of land use rights is based on the state responsibility of the land owner.Although due to the public ownership of land in our country,it is unreasonable for the state to be responsible for soil pollution control.However,when the land use right has been recovered and the original land use right owner has lost the right to use the land,the state as the land owner has restored the leadership and control over the land.Replace the owner of the original land use right and become the status-based responsibility subject.Based on the requirements of the effectiveness of pollution control,the government,as the status-based responsibility subject,should bear the responsibility of pollution control.Secondly,it is clear that the government's responsibility for governance needs to meet the corresponding application situation,and the responsibility of the government is different before and after the land use right is recovered.Even after the land use right is recovered,due to the different status of the land use right holder,the responsibility of the government is different.For example,when the owner of the original land use right has been lost,the government therefore carries out pollution control,bears the responsibility of the bottom line,and the recovery cost cannot be recovered.Then,clarify the ways in which the government will treat soil pollution.According to the requirements of the Soil Pollution Prevention and Control Law for risk management and control,and combined with environmental risk theory,a risk-oriented "before,during and after the event" process management model for government pollution control was established.Finally,based on the principle of fairness and the polluter's burden,the market price of the treated land is taken as the upper limit of the government's governance costs,and the government's final responsibility for the pollution should be determined based on the size of the government's fault in pollution in each case.