Research On Legal Issues Of Soil Remediation Standards In My Country

Soil pollution is relatively hidden.Because of its close connection with the atmosphere and groundwater,the pollution problem is also more complicated.In recent years,the social problems caused by soil pollution in our country have been increasing year by year,which also brings difficulties to the remediation of contaminated soil.Among them,the soil remediation standard is the final basis for judging whether the entire contaminated soil remediation obligation is fulfilled or not,and whether the soil remediation standard is standardized or not has a significant impact on the entire remediation work.The Fifth Plenary Session of the 19 th Central Committee and the 14 th Five-Year Plan mentioned that it is necessary to strengthen the safe use of soil and strengthen the prevention and control of new pollution.It can be seen that the study of the legal issues existing in soil remediation standards has extremely important practical significance.This article first clarifies the relationship between soil remediation standards and environmental standards,soil remediation systems,,and supports and demonstrates the legal attributes of soil remediation standards.If the environmental standards mentioned in the article are compulsory standards,they must be implemented as the basis,and combined with the "Soil Environmental Quality Standards"(GB15618-1995)in soil remediation work for many years and judicial precedents,"Soil Pollution Prevention and Control Law" The promulgation of and relevant departments’ answers to reporters’ questions,and put forward the point of this article that the soil remediation standards belong to the soil pollution risk management and control standards in the mandatory environmental standards.Based on the relationship between soil environmental quality standards,pollutant emission standards that enter the soil,and soil remediation standards,the mandatory environmental standards are verified from the perspective of environmental legal responsibility(for example,pollutant emission standards that enter the soil,soil remediation standards)The legal nature of,is different from the author’s argumentation of legal attributes from the perspective of legal logic norms in the past.This is also the innovation of this article.Secondly,through combing the relevant legislation of soil remediation standards,it is summarized that soil remediation standards have the following characteristics:they are mostly classified according to different types of land;the standards reflect the concept of risk management and control;the content is expressed as national standards and local standards,limit-type standards and risks Regulatory standards coexist;at the level of effectiveness,there are more recommended standards than mandatory standards.At the same time,it analyzes the legal problems existing in my country’s soil remediation standards through combing the legislative status quo and thinking about relevant cases.Specifically,the selection of soil remediation targets lacks principled guidance,existing standards lag behind the needs of soil pollution prevention,limit-based standards and risks.There is a lack of rules for resolving conflicts of controlled standards.In fact,environmental standards are the superordinate concept of soil remediation standards.There are many similarities between the legal issues of soil remediation standards and the legal issues of environmental standards.Studying the legal issues of environmental standards also provides a reference for discovering the legal issues of soil remediation standards.Finally,under the guidance of the "cost-benefit" theory,the risk prevention principle in environmental law,and the theory of sustainable development,combined with the legal attributes of soil remediation and restoration,the legal problems existing in soil remediation standards are analyzed,and the legal issues in soil remediation standards are analyzed.Learn from the experience of other countries,we propose targeted solutions to problems.In terms of concepts and principles,standards are formulated based on the dual value orientation of protecting human health and maintaining ecological balance,selecting restoration targets based on the future use of land,and integrating risk prevention principles throughout the entire process of standard formulation;in terms of standard content,strengthen the use of soil Benchmark research focusing on background value investigations,increasing the number of local standards,increasing the formulation of mandatory standards,and adding the setting of "sunset clauses" in the standards,so that the standards can meet the needs of China’s economic and social sustainable development and ecological environmental protection.Make it adapt to the needs of soil pollution prevention and control in our country;at the same time,it proposes a conflict resolution solution in which risk management and control standards are superior to limit value standards to facilitate the implementation of standards.