完善我国土壤污染治理责任制度的思考

Thinking of Perfecting Land Contamination Remediation Liability System in China

土壤污染治理已成为环境保护工作的重点和难点,亟须加强相关责任追究。我国有关土壤污染治理责任的法律规范零散地分布在相关法律、法规中;一些地方性立法对土壤污染治理作了专门规定,但各地立法对一些基础性问题认识不一,有关治理责任的规定缺乏系统性。立法不足导致司法和执法中关于土壤污染治理的责任分配存在诸多问题。我国正在制定土壤环境保护法,应将土壤污染治理责任制度作为该法的核心内容,结合相关地方性立法和实践经验,从责任主体、责任范围、归责原则、减责免责规则、责任落实等方面构建体系化的责任制度。

China is encountering serious land contamination issues, among others, by whom and to what extent should contamina- ted land be cleaned up has become one of the priority in establishing relevant legal regime. Existing laws and regulations specifically ad- dressing the problem of contaminated land at national level are still limited. While at the provincial level, even though comprehensive land contamination legislation has been promulgated recently in some provinces, pitfalls emerge with respect to land contamination re- mediation liability due to inconsistency in defining basic concepts and in systemizing liability regime. As a result, judicial cases and other practice led by government concerning land contamination remediation have encountered many hurdles. Thus, land contamination remediation liability is ought to be established in the undergoing national legislation on soil environmental protection. And the responsi- bility system should be built from the aspects of responsible person, liability allocation, criterion of liability, exempts, implementation of liability and so forth combined with the related local legislation and practice.