Research On Responsible Subjects Of Soil Pollution Remediation

The soil pollution remediation responsibility subject refers to the polluter and other related subjects who bear the responsibility for soil pollution remediation.The responsible bodies of soil pollution remediation in China should first consider the pollution actors and land rights holders.When these subjects are unable or unable to fully bear the responsibility,the soil supervision authorities and other government departments should be the responsible subjects to remediate the contaminated soil.The determination of the subject of restoration responsibility is soil.The core issue of soil pollution repair work.The subjects responsible for restoration have the characteristics of difficulty in determining,extensiveness,and diversity of identities.The scope includes subjects of general responsibility and subjects of special responsibility.The subjects of general responsibility include pollution actors and land rights holders.The subjects of special responsibility include the competent department of ecological environment and land Reserve agencies and agencies engaged in soil protection.There is no clear and specific stipulation on the identification of the subject of soil pollution remediation in China’s current laws.At present,there are still some problems in the main body mechanism of responsibility for soil pollution remediation in China,such as unclear principle of responsibility distribution of land right holders,no provisions for reduction of responsibility,exemption clause,vague responsibility boundary of government departments,too narrow scope of main body and so on.The United States,Germany and Japan have rich experience in determining the responsibility subject of soil pollution remediation.Based on the useful experience of the three countries,this paper puts forward four measures to improve the soil pollution in China,which are to clarify the principle of responsibility distribution of land right holders,to stipulate the reduction of responsibility,to exempt the responsibility clause,to improve the responsibility mechanism of various government departments,to expand the scope of the behavior subject of soil pollution and the responsibility subject of remediation Thelegal mechanism of the subject of the responsibility of rehabilitation.