Research On The Responsible Entities For Soil Pollution Remediation In My Countr

Soil is the cornerstone of social development.However,the exposure of several "toxic land" incidents also highlights the shortcomings of soil pollution remediation in China.The causes of soil pollution are complex,latent and lagging,which makes it difficult to define the subject of soil pollution responsibility in practice.If the person responsible for soil pollution cannot be determined specifically,the responsibility of soil pollution remediation will be transferred to other social subjects,which violates the principle of "who pollutes,who governs".It is the key to carry out soil remediation work to clarify the responsibility subject of soil remediation.It is also in line with the "green principle" in the civil code to be implemented and the spirit of ecological civilization rule of law in the Fifth Plenary Session of the 19 th Central Committee of the Communist Party of China.Based on this research,this paper demonstrates the existing problems of the responsibility subject system of soil pollution remediation from multiple perspectives,so as to enhance the practical operability of defining the responsibility subject of soil pollution remediation.In addition to the introduction and conclusion,the main contents of this article are as follows:The first part: Based on the brief introduction of the relevant concepts of the responsibility subject of soil pollution remediation,the analysis of its extended characteristics is the basis for further clarifying the responsibility subject of soil pollution and its corresponding legal liability.From the perspective of the legal theory on which the person responsible for soil pollution,the owner of land use right and the government undertake the responsibility of remediation,the role and value of them as the main body of soil pollution remediation responsibility are discussed respectively,so as to effectively realize the reasonable allocation of remediation responsibility.The second part: from the content of legislation on the subject of soil pollution remediation in China,this paper introduces the existing problems of the main body system of soil pollution liability in China,such as the unreasonable responsibility of the land use right holder,no specific provisions for reducing or exempting the liability subject,the government’s environmental management responsibility system is not perfect,and the scope of the responsibility subject is narrow,etc Combined with the relevant laws and regulations,it is discussed separately.The third part: a brief review of the legislative and judicial practice of the subject of restoration responsibility in the United States,Germany,Japan and other countries.The United States law has a clear exemption clause for the responsible subject;German law applies the principle of effective proportion in the selection of the responsibility subject;Japan has a mature government management responsibility system on soil pollution prevention and control.The "potential responsible party" stipulated in the American law,the "land owner and the de facto controller" stipulated in the German law,and the "owner,etc." stipulated in the Japanese law reflect the extensiveness of the scope of the subjects responsible for the restoration.China should reasonably draw lessons from the actual situation of soil pollution,such as the exemption of the responsibility subject,the principle of effective proportion for the selection of responsibility subject,the improvement of government environmental management responsibility system,and the appropriate expansion of the scope of responsibility subject of soil pollution remediation.The fourth part: In view of the shortcomings of the main body system of soil pollution restoration in,From the elaboration soil pollution remediation main body assumes the responsibility rule,setting up the responsibility reduction and exemption provisions,improving the government environmental management system,building multi-agent linkage to participate in social supervision and governance,and appropriately expanding the scope of responsibility subject.