Study On Legal Issues Of Soil Pollution Prevention And Control

In recent years,with the rapid development of industrialization in China,soil pollution incidents have also frequently appeared in news headlines.Soil pollution directly threatens China’s food security and ecological security.This article is based on the Soil Pollution Prevention and Control Law and relevant laws and regulations on soil pollution prevention and control,and analyzes typical soil pollution judicial cases to explore feasible improvement suggestions for some legal issues.By analyzing current laws and regulations,the main focus of controversy in this case is divided into three parts for discussion.The first part mainly introduces the basic case and the focus of controversy.The second part focuses on analyzing the main legal issues that exist based on case studies,mainly including three aspects: pollution liability investigation mechanism,risk control and remediation system,and soil pollution prevention and control fund.Based on the analysis and discussion of the above issues,some suggestions for improvement are proposed in the third part of the paper.In terms of the pollution liability investigation mechanism,the problem of difficult implementation of soil pollution responsibility and difficult recovery of government departments after assuming the sole responsibility can be solved by clarifying the responsible party,adjusting the responsibility bearing method,and clarifying that the government’s sole responsibility is only a substitute responsibility rather than a final responsibility.In terms of risk management and remediation,there are issues such as incomplete risk assessment,incomplete soil pollution monitoring systems,and insufficient information disclosure.To address these issues,we can improve them by improving the risk assessment system and improving soil monitoring,and strengthening information disclosure.In terms of soil pollution prevention and control funds,facing the pressure of high remediation funds,the funding needs of soil remediation activities can be met by expanding the source channels of the funds,and strict supervision should be carried out on the use procedures and scope of the funds to ensure the stable operation of the funds.It is also possible to combine soil pollution prevention and control with the compulsory liability insurance system,and use market-oriented capital as a tool to assist in the smooth implementation of soil pollution prevention and control work.