Research On Taking Responsibility For Soil Pollution Remediation

Soil pollution has shown a more and more serious trend with the development of economy and society.Soil usually becomes the final sink for pollutants in other environmental elements such as air and water,and when soil is polluted,it will also adversely affect the ecological environment system,human health,and social development.Soil pollution remediation is an after-the-fact remedy for the soil.Various technical means are used to restore the damaged ecological function of the soil to a normal state.At the same time,it is also a legal responsibility to protect the soil environment.The realization of the responsibility for soil pollution remediation requires the responsible subject to actively undertake the responsibility.Only after the relevant subject assumes the remediation responsibility can the legal form of responsibility be put in place,and the soil environment can be directly and effectively relieved.At present,my country’s laws and regulations on soil pollution remediation responsibility are relatively principled,and there are many areas in judicial practice that need to be improved.By analyzing the practice of soil pollution remediation responsibility starting from judicial cases,it is concluded that there are three legal difficulties,namely,the difficulty in identifying soil pollution remediation responsibility,the imperfect regulations on the main body of soil pollution remediation responsibility,and the soil pollution remediation responsibility.There are imperfections in its performance.Based on this,it is necessary to improve the relevant legal rules for the responsibility for soil pollution remediation.First,it is necessary to standardize the determination of responsibility for soil pollution remediation,appropriately lower the standard of proof,and achieve substantial fairness between the plaintiff and the defendant.In soil pollution environmental public interest litigation,the application of the inversion of the burden of proof should be appropriately limited,and the rules for presuming causality should be clarified;Systematization,strengthen the qualification review and professional ability training of appraisal agencies,ensure the coordination and linkage between various department of Ecology and Environment,appraisal agencies and personnel,and at the same time play the role of expert assistants and jurors to provide professional guidance for judges.The second is to expand the scope of direct and indirect responsible persons from both the internal and external directions,so as to realize the diversification of the main body of responsibility.Among them,the shareholders of pollutant discharge enterprises are subject to joint and several liability,and third-party institutions and land reserve institutions are subject to fault liability;it is necessary to establish The recovery mechanism ensures that the land-use right holder and the government can recover compensation from the person responsible for the pollution after taking the responsibility for restoration in lieu of it.The third is to improve the soil pollution prevention and control fund system,adopt diversified fund raising methods,expand the scope of fund sources,and refine the scope of use of the fund,and include the situation that the responsible person has difficulty in fulfilling economic responsibilities into the fund,so as to ensure the smooth development of soil remediation work.In addition,it is necessary to clarify the compensation rules,and motivate subjects other than those responsible to actively participate in the restoration work;strengthen the mutual coordination and cooperation between judicial and administrative organs,jointly exert their advantages in the supervision process,and improve the implementation of the return visit system on the basis of the filing system to ensure Social entities actively supervise the restoration work.