Analysis On The Legal Liability Of Determination Environmental Pollution In "Changzhou Poisonous Land Case"

In the process of human social development,environmental problems,especially in the industrial age,industrial production in stimulating economic development at the same time,also brought impact to ecological environment for 40 years reform and opening up,China’s rapid economic development,but hidden in the process of economic growth,environmental problems also gradually revealed,so how to restore the damaged ecological environment has become the focus of common concern to the current society.There are various reasons for the existence of environmental pollution.No matter which causes the existence of environmental pollution,the corresponding responsible person should finally take the responsibility.First of all,this paper makes a brief introduction to the Changzhou poison place case,which leads to the main legal issue of the case,namely the determination of legal liability for environmental pollution.Secondly,the theory of environmental legal responsibility is expounded,and the purpose of environmental legal responsibility is to maintain the integrity of the environment.Finally,combined with the basic theory of environmental legal liability,this paper analyzes the legal liability for environmental pollution in the case,that is,the types of environmental legal liability that should be borne by the subject of environmental legal liability and the specific ways to bear environmental legal liability.In the process of determining the legal liability for environmental pollution in this case,it is found that the administrative organs do not perform the environmental duties effectively,and the enterprises also lack external control,which leads to the survival of environmental pollution.In view of the above analysis,this paper thinks that the problem of environmental pollution should be solved as far as possible from two angles.First,from the point of view of preventing the occurrence of environmental pollution,on the hand,we can strengthen the external control of enterprises through the three angles of law enforcement,justice and social supervision,in order to stop the pollution caused by enterprises to the environment;on the other hand,through the internal and external administrative system to strengthen the supervision of the government,so as to urge the government to actively perform its duties of environmental protection.Second,when environmental pollution exists,the legal person responsible for environmental restoration fails to realize the restoration of the environment,the environmental administrative responsibility of environmental restoration should be strictly implemented to ensure that the damaged environment is repaired.