Research On The Responsibility System For Soil Pollution Control In My Country

Contaminated soil ecosystem not only affect the environment quality,is also a serious threat to human health.China is a big agricultural country.All its survival depends on strong agricultural guarantee.Soil is the most basic element of agricultural activities and plays an irreplaceable important role.Soil environment is directly related to the sustainable development of national economy and people’s livelihood.For a long time,the results of soil pollution control in China are not very ideal.And the reason is,on the one hand,the concealment,hysteresis and persistence of soil pollution make it very difficult to control pollution.On the other hand,Chinese governance technology is relatively backward.Soil pollution control in China is urgent.In the implementation of the responsibility for soil pollution control,what responsibilities should each responsible subject assume and how to perform duties and the relevant regulations such as how to supervise the performance of obligor are too general,that needs to be refined.Clear responsibility for soil pollution control is the basis of all soil pollution control actions,it is also the important safeguard that high speed completes management effectively.The responsibility of soil pollution control can be divided effectively,can share the risk of pollution control funds.It can also quickly promote the development of soil pollution control in China.A survey of China’s current laws and regulations on the responsibility of soil pollution control,It mainly focuses on the polluter and land user as the main body of soil pollution control responsibility,the government assumes additiona lresponsibilit.-y.Soil pollution prevention and control act of China focus on the framework,principles of the provisions.Facing the complex situation of soil pollution control and the potentially more difficult situation in the future,in respect of the polluter’s and the land user’s liability,the principle of no-fault is applied without considering the legality of the polluter’s action,the polluter that fulfills the positive obligation undertakes the same responsibility,will unify the polluter.It increases the burden of responsibility on some polluters and discourages polluters and landowners fromtaking action.This will adversely affect the long-term development of soil pollution control.But the government as one of the main responsibility of environmental affairs,has an unshirkable responsibility in the field of soil pollution control.In the law of soil pollution prevention and control in China,the regulation of government responsibility focuses more on the responsibility of prevention.The regulations on government responsibility are inadequate and lack integrity."Social subject" is closely related to soil environmental protection,it is an important part of soil pollution control.Ignoring the power of "social subject" in soil pollution control will weakens its active obligation in soil pollution control.In view of the multiple dilemmas of soil pollution control in China,in this paper,after understanding the superfund law of the United States and the relevant legislation of soil pollution prevention and control in France,the successful experience of both is summarized and combined with China’s current situation.Based on the existing provisions of the law on the prevention and control of soil pollution,some Suggestions are put forward:The first,based on the existing soil pollution prevention and control law,administrative regulations and local legislation should be introduced as soon as possible.We will improve the soil pollution prevention and control system in China.Secondly from the concrete content aspect.Define "who will rule",specify the responsibility subject appropriately will alleviate the multiple pressure of soil pollution control in China.Define " what to treat",Enhance government and business responsibility for pre-governance of soils close to or possibly close to the threshold.Prevention of soil pollution through source control.Clarify "how to control soil pollution",start from the detailed soil pollution control fund source,increase funding for soil pollution control,expanding the scope of government information disclosure.It would increase the government’s credibility.Citizens are encouraged to take part in soil pollution control in various forms.