Research On Litigation Path Of Contaminated Sites Regulation

At present,most of the research on contaminated site regulation in China focuses on the policy and legal system,and it is rare to discuss the contaminated site from the litigation path.If the contaminated site regulation is limited to system construction,and the litigation of judicial practice is not pursued,how to prevent it from happening? With the increasing environmental pollution and ecological destruction,the environmental awareness throughout the country has been significantly enhanced,and the cases of regulating contaminated site through litigation have emerged one after another.However,both the theoretical and practical aspects of the litigation against the contaminated sites regulation lack the corresponding standards,and the difficulties can be summarized as follows: 1.the problems of the lawsuit of contaminated site regulation;2.there are conflicts between the types of litigation for the regulation of contaminated sites to be coordinated;3.the improvement of litigation type of contaminated site regulation and the establishment of future litigation order.Based on the above problems,this paper comprehensively sorts out,analyzes and studies the types of lawsuits involved in the contaminated sites regulation,and discusses the ways to solve the problems from two aspects: post-relief litigation and prevention litigation,aiming at providing targeted litigation paths for the reasonable contaminated sites regulation.In the era of increasing attention to ecological and environmental issues,from the society to citizens,there are all interest demands for ecological environment.Due to the limitations of available land resources,various interest concerns force contaminated sites to be regulated for reuse.Therefore,it is feasible to explore the litigation path of regulation of contaminated sites from the perspective of the existing regulation mechanism.First of all,the paper analyzes the litigation problems faced by the contaminated sites regulation.Starting from the definition of "contaminated site","contaminated site regulation" and other concepts,the contaminated site regulation is defined as the possessor or user and the polluter to jointly solve the problem of external non-economic contaminated site.The premise is to coordinate the relationship among every roles,the status of the people’s procuratorates,the government departments and the public,as well as the value of litigation in the regulation of contaminated sites.Secondly,it analyzes and sorts out the types of lawsuits on current contaminated site regulation.The current contaminated site regulation mainly concentrated on civil public interest litigation and administrative public interest litigation,and analyze and sorts out these types of litigation,we can know their advantages and disadvantages,and deal with it.Thirdly,we can learn from and reflect on the experienceand lessons of the contaminated site regulation litigation in other regions.Emphatically from the environment of the American environmental citizen suits to German group litigation to summarize.Finally,explores the litigation path of contaminated site regulation.Adaptability analysis of precautionary principle,on the basis of the soil pollution prevention and control law and other relevant laws,to develop and improve the current litigation types of contaminated sites.Based on the existing litigation types,it can be summarized as post-relief litigation and prevention litigation,and preventive litigation is regarded as a necessary supplement.The paper systematically studies the litigation path of contaminated site regulation and answers the difficulties of connecting various types of litigation,so as to achieve two breakthroughs: First,based on the precautionary principle,it puts forward the idea of constructing the preventive public interest litigation;Second,based on the concept of citizens’ environmental rights and interests,it puts forward the system design of citizens’ participation in the regulation of contaminated sites.