Research On The Typology Of The Main Body Responsible For Site Pollution Control In My Country

Due to the accelerating industrialization and urbanization in China,many enterprises have to transform,reform and even relocate,resulting in a large number of contaminated sites.Contaminated sites not only damage the ecological environment,but also seriously endanger the health of citizens.Therefore,it is imperative to carry out remediation of contaminated sites.China started late in the treatment and remediation of contaminated sites.There are many problems such as legislative gaps and imperfect legal systems in the treatment and remediation of contaminated sites.Although the Law on Prevention and Control of Soil Pollution has been officially promulgated at present,the types of responsible entities are not clear.It is difficult to define responsibility entities for treatment and remediation of contaminated sites.The related responsible parties shift their responsibilities to others,and no one provide for funds for the restoration of contaminated sites.Regarding the problem of contaminated sites,the United States has successively formulated three laws,including the Comprehensive Environmental Response,Compensation and Liability Act,the Superfund Law and the Small Business Responsibility Exemption and the Brown Land Revitalization Act,which have helped establish and improve the principle of “Polluter Pays”.Germany's governance principle for contaminated sites is retroactive and requires for polluter paying.Japan's laws and regulations on contaminated sites are more detailed which requires “all people” to undertake the responsibility of pollution remediation,including the owners,managers,and possessors.If the polluter is not one of the above three kinds,the polluter will bear the ultimate responsibility for remediation.Therefore,this paper analyzes the status quo of China's responsible persons for the treatment of contaminated sites and the main body responsible for the treatment and remediation of contaminated sites in developed countries such as the United States,Germany and Japan,so as to provide ideas for the categorization of responsible bodies for the treatment and remediation of contaminated sites in China.This paper is divided into five parts.Firstly,the introduction part mainly introduces thebackground,research significance and purpose of this topic,research trends at home and abroad,research methods and innovations.The first part is the basic theory of contaminated sites.It is elaborated from three aspects,including historical evolution,the concept of site pollution and the theories of contaminated sites.The second part presents the status quo of responsible bodies of site pollution control in China.It illustrated on the status quo of theoretical research,legislation and practice.On the basis of this analysis,it is found that responsible bodies for site pollution control in China has not yet established a specific type system,and the type proposal is proposed below.The third part is about the reference for the responsible body of the pollution control of extraterrestrial sites.This part introduces the legislative provisions of the United States,Germany,and Japan on defining the responsible bodies for the treatment and remediation of contaminated sites,which allows us to know the definition of the scope of contaminated sites and responsible bodies for contaminated sites.The author conducts related analysis,provides special reference for China and lays a foundation for categorization of responsible bodies for contaminated sites in China.The fourth part gives some suggestion about categorization of responsible bodies for contaminated sites.First of all,researches on types of contaminated sites are conducted.Contaminated sites can be divided into industrial pollution sites,agricultural pollution sites,municipal pollution sites and other pollution with medical,military,chemical waste according to the sources of pollution and the types of activities.Secondly,responsible bodies are categorized into different types.Responsible bodies are divided into the owner,the user,as well as the manager and other subjects who have the power to control the site.Finally,the analysis of the types of responsible bodies of different polluted sites is made.According to the responsible entities corresponding to different polluted sites,the scope of their responsibilities is further determined.The conclusion part is a general summary of the core viewpoint of this paper and the logic of argumentation.