The Definition Of The Main Responsibility Of Urban Industrial Land Pollution Remediation

In recent years,soil pollution incidents have occurred frequently and caused extensive adverse effects.The treatment and repair of soil pollution have gradually entered people’s vision.The "Changzhou Poisonous Land Case" has attracted much attention due to the responsibilities of the polluters and the particularity of the victims.This article reviews the case to raise related issues and discuss them one by one.On January 1,2019,China officially implemented the Soil Pollution Control Law(hereinafter referred to as the "Soil Law").For construction land,the implementation of a construction land soil pollution risk control and restoration directory system has been implemented at the source of pollution Deterrent effect.However,the "Soil Law" does not clearly stipulate the main body and method of undertaking the restoration of contaminated land.Whether it is applicable to the principle of retrospective force and how to apply it is not reflected.Therefore,this article will analyze this case by analyzing the Changzhou Poisonous Land Case.The main purpose is to determine the principle of liability and the principle of retrospective application,and to clarify the responsible subjects and methods of soil pollution remediation,so that the victims get the due.Compensation enables the most efficient restoration and use of contaminated land.This article is mainly aimed at determining the main body of urban industrial land pollution remediation,especially the problem of pollution left over from history.Due to the reform of China’s economic system and changes in the production structure,the use and right of use of urban industrial land have changed many times.Conflicts can easily arise in the determination of the main body of the restoration and the scope of responsibility,so it is necessary to clarify the relationship between those responsible and the application of retrospective principles in law.This article mainly discusses the two principles of the attribution principle applicable to the restoration subject,whether it applies the retrospective principle,and how to apply it.Studies in this direction have paid less attention to this issue.This is also the relatively slow progress of the environmental protection legal system One of the reasons is that foreign countries have relatively mature jurisprudence theory and rich judicial practice.Therefore,on the basis of learning from foreign excellent jurisprudence and jurisprudence,the principles and rules applicable to China are put forward.Regarding the subject of responsibility,thisarticle advocates expanding the scope of the subject of responsibility,and is not limited to land polluters,governments,and land use rights holders.For example,the environmental public welfare fund organization and the land reserve fund ditch are included in the subject scope.In terms of application principles,this article advocates Applicable restrictions apply the principle of retrospectiveness,that is,to investigate but not fully investigate polluters.This is also one of the innovations of this article.Based on the combination of the two principles,"responsibility" is implemented,and the "polluter negative but" principle and "Beneficiary compensation" principle.For the selection of the main body for the pollution remediation of urban industrial land,this article will try to increase the scope of the main body and limit the application of the principle of retrospection to clarify,recover the polluted land to the greatest extent and efficiency.The smooth start of governance and repair work played a positive role.