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Research On Brownfield Governance Responsibility Of American Small Business

Posted on:2021-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:C H DongFull Text:PDF
GTID:2491306290972649Subject:Environment and Natural Resources Protection Act
Abstract/Summary:PDF Full Text Request
China’s soil pollution prevention and control law and its official implementation in 2019 have added risk management and control and remediation directory information,voluntary remediation and soil pollution control fund systems,and improved China’s soil pollution control system,but these systems are not perfect,and they do not pay attention to the responsibility of small enterprises for soil pollution control.In addition,there are also defects in the soil pollution control system of our country.The defenses of the responsible person are not stipulated in the legal text,especially for small enterprises,the lack of defenses often leads to the high cost of soil pollution control.For the enterprises that need to undertake the soil pollution control,the law on the prevention and control of soil pollution does not stipulate the system of reducing the responsibility for the control,and small enterprises that are unable to bear the cost of the control fall into difficulties in operation.In this paper,we use the relevant systems of the Super Fund Act of the United States for reference to improve the soil pollution law and the soil pollution control system in China.This paper studies the brown land management system in the United States,with a view to improving the soil pollution control system in China.The responsibility mechanism determined by the brown land governance system in the United States is strict,joint and traceable.This responsibility mechanism has caused a huge burden to small enterprises in the United States,making a large number of small enterprises bear the high cost of brown land governance,so it has been criticized in the academic and practical circles.Therefore,in 2002,the U.S.passed the small business responsibility reduction and brownfield Revitalization Act,which began to focus on the responsibility management of small business Brownfield,and provided ways to reduce it.The act provided the exemption of responsibility of brownfield management for micro emissions and urban solid waste emitters,and provided the defense of brownfield management for bona fide potential purchasers,neighboring landowners and innocent landowners The reasons.This act,together with other systems in the brownfield governance system,constructs the responsibility reduction mechanism for small businesses in the United States,providing time and economic relief for small businesses.The United States began to pay attention to the responsibility reduction of small enterprises 20 years after the beginning of its responsibility management mechanism of brownfield.China can learn from the existing experience of the responsibility reduction of small enterprises in the United States,and timely introduce the system of responsibility reduction of small enterprises,so as to ensure the normal production and operation of small enterprises,and require small enterprises to manage Brownfield,which not only protects the ecological environment,but also realizes economic sustainability Development.This paper is divided into four chapters.The first chapter is the historical background of the responsibility reduction mechanism of small enterprise brownfield governance in the United States.The second chapter is the composition of the responsibility of small enterprise brownfield governance in the United States.The third chapter is the responsibility reduction mechanism of small enterprise brownfield governance in the United States.The fourth chapter is the Enlightenment of the responsibility reduction mechanism of small enterprise brownfield governance in the United States to China.The first chapter introduces the background,evolution and significance of brownfield governance in the United States to understand the background of legislation and the process of bill evolution.This paper introduces four bills of brown land management system in detail.The second chapter discusses the responsibility of brownfield management in detail,discusses the types of responsibility,the scope of responsibility and the determination of responsible person.Through the introduction of the legal responsibility of small enterprise brownfield governance,this paper provides a solution for the responsibility reduction of small enterprise brownfield governance.The third chapter introduces the responsibility relief mechanism of small enterprises’ brownfield governance in the United States.The author classifies the legal responsibility system of brownfield governance according to the different subjects of responsibility relief,and divides the relief types into personal direct relief mechanism and national indirect relief mechanism.The fourth chapter combines the experience of reducing the responsibility of brown land management of small enterprises in the United States and the provisions of the soil pollution prevention and control law of China,and puts forward that the defense and exemption of the responsible person and the administrative settlement agreement should be added in the soil pollution prevention and control law of China,and the information of voluntary restoration,risk management and control,restoration directory and soil pollution control fund system should be improved.
Keywords/Search Tags:Super fund, soil pollution control, liability relief
PDF Full Text Request
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