My Country's Public-private Cooperation Has Carried Out Research On The Construction Of A Legal System For Soil Pollution Restoration

With the development of social economy and the accelerated process of urbanization,people's demand for ecological environment is increasing.At present,the problem of soil pollution in China has seriously threatened people's health and survival,and threatened the social and economic development.Therefore,it is imminent to repair the polluted soil in our country on a large scale.According to the Soil Pollution Prevention Act and the Comprehensive Environmental Response,Compensation and Liability Act of the United States,it can be seen that the Soil Pollution Prevention and Control Fund is not enough to solve all the problems of soil remediation,which provides a broad application space for the public-private cooperation model to enter the field of soil remediation.In a government-led soil remediation project,due to the government's financial pressure and limited experience or ability,the government responsible for the remediation of soil pollution still faces many challenges.In this context,the introduction of public-private partnership model to carry out soil pollution remediation can give some positive responses to the above challenges.The public-private partnership model has mature development experience in foreign countries and has broad application prospects in China.At present,the public-private cooperation model is mainly used in urban rail transit,water conservancy infrastructure construction and other infrastructure areas in China,rarely seen in the field of soil pollution remediation.At the same time,the public-private partnership's projects have the characteristics of long period of time,large investment and high risk of cooperation,and there is no unified public-private partnership's legislation in our country to regulate the related cooperation matters.Therefore,it is urgent for our country to construct the legal system of the public and private cooperation to carry out the remediation of soil pollution.There are already relevant policies and legislative documents on soil pollution restoration in China,but most of them only play a guiding role and there are no practical regulations.The legal system of the mode of the public-private partnership in the field of soil pollution restoration has some difficult problems,such as lack of legal level provisions,high risk of the public-private partnership,unequal benefits and costs,difficulty in defining the property rights of envlironmental products,difficulty in supervising repair projects,and so on.By referring to the experience of the Comprekheisive Environmental Response,Compensation and Liability Act of the United States,and using and comparing the experiences and measures of better developing countries,such as the United States,Germany and the United Kingdom,this paper proposes to improve the relevant laws and policies,establish and improve the system of access,supervision,risk sharing,financing,distribution of interests,information disclosure and so on.In view of the particularity of soil pollution restoration,the system of right to use land for construction is put forward in particular in order to solve the difficulties in the field of public-private partnership in the field of soil pollution restoration,which makes the mode of the public-private partnership in China better developed and the problem of soil pollution restoration can be solved.