Research On Responsible Subject Of Soil Pollution Remediation In China

As one of the important elements in the ecological environment,soil is of great significance to the stability of the entire ecosystem.Soil pollution is serious,not only affecting people’s physical health,but also destroying the ecological environment and affecting the stability of the ecosystem.The problem of soil pollution in the Changzhou Poisonous Land Case has aroused widespread concern from all walks of life,and the determination of the responsible subject for soil pollution remediation is the focus of attention of all parties.With the frequent occurrence of soil pollution incidents,how to effectively and reasonably determine the responsible subject for soil pollution repair is the key link to solve soil pollution control.The Law of the People’s Republic of China on Soil Pollution Prevention and Control,which came into effect on January 1,2019,has guiding significance in determining the responsible subject for soil pollution remediation.This is China’s first special legislation on soil pollution prevention and control.Prior to this,the regulations on soil pollution were scattered and the level of effectiveness was low,which could not effectively guide soil pollution in practice.Although the promulgation and implementation of the law has greatly promoted the work of soil pollution repair,some of the provisions are mostly principled and general,and some problem provisions also need to be clarified by supporting rules.Therefore,this article starts with the Changzhou Poisoned Land Case.By combing the case and analyzing the first and second instance judgments of the court,it is believed that the main responsible subject for soil pollution remediation in this case mainly includes the polluting enterprise,land reserve center,and the government.And the ultimate responsibility lies with the polluting enterprise.Based on this,the subject of soil pollution remediation responsibility subject to be studied in this paper is analyzed,and the main soil pollution remediation responsibility subject in China is analyzed according to the current status of legislation in China,and the existing problems are summarized.It can be found that China’s regulations on the responsible party for soil pollution remediation are not detailed enough,and the land use right holders are only required to be the responsible subjects when the soil pollution responsible party cannot be identified,and the relevant soil pollution remediation responsible party identification procedures are not clear.And the fund guarantee system is not perfect.Aiming at the problems existing in our country,this article starts from the legal basis to analyze the causes of the current problems of the responsible subject of soil pollution remediation in China and the risk order among the responsible subject.And through a comparative analysis with the provisions of typical countries and regions on the subjects responsible for soil pollution remediation,it is found that the scope of the subjects responsible for soil pollution remediation is more extensive than that in China,the relevant procedures are relatively clear,and there are corresponding supporting funds system to support it.Therefore,the improvement of the subject of responsibility for soil pollution remediation in China can also start from the above aspects.In order to solve the problems existing in the responsible subject of soil pollution remediation in China,the responsible subject of soil pollution remediation in China also need to clarify the responsibilities of some special subjects,and refine the types of state responsible persons.The procedures for determining the responsible subject for soil pollution repair also need to further clarify detailed implementation rules to ensure that when soil pollution occurs,the main responsible subject for soil pollution repair can be identified as soon as possible in accordance with the principles of effectiveness and proportionality.In order to ensure the smooth implementation of soil pollution remediation,corresponding financial support is also required,and China’s soil pollution prevention fund and environmental liability insurance system need to be improved.