我国土壤重金属污染赔偿的制度困境及完善路径

System Dilemma and Improving Ways of Soil Heavy Metal Pollution Compensation in China

土壤重金属污染具有波及范围广和潜伏期长的特点,且我国对此种污染赔偿制度规定不完善,造成其损害赔偿的责任主体和范围难以确定、执行效果无法保证等难题。国外对土壤重金属污染赔偿有着更为完善的制度,为建立适合我国的土壤重金属污染侵权赔偿制度,借鉴国外的经验,坚持严格责任原则、遵守全部赔偿原则及推进社会化救济。

Soil heavy metal pollution is wide in range and long in latency. However, the pollution compensation system in our country is not perfect, which causes in some problems such as the damage compensation of the main body and the difficulty of the determination of responsibility range, further more, the executive effect can not be guaranteed and other problems also appear. In aboard,there are some perfect measures about soil heavy metal pollution. Therefore,we need to establish suitable compensation system for China＇s soil pollution of heavy metals and pollution through borrowing foreign experience, adhering to the strict liability, abiding by the principle of full compensation and implementing some punitive damages system as well as promoting the socialization of relief.