我国土壤修复基金法律制度的建立与设计——基于美国超级基金立法的经验教训

Establishment and Design of the Legal System of Soil Remediation Fund in China:Based on Experiences and Lessons of the Super Fund Law in US

我国土壤污染形势严峻,已污染土壤修复亟待海量资金支持。建立土壤修复基金是各国政府承担土壤修复责任的普遍经验。美国《超级基金法》是世界上土壤修复基金的典型立法,堪为我国相关立法的经验与教训。我国土壤修复基金资金筹集框架应当以基于"谁污染、谁治理"原则的污染者负担为主,基于国家环境义务与基于慈善公众参与的资金补充为辅。土壤修复基金使用以污染者不愿、不能承担土壤污染修复工作或找不到污染者为前提,并且建立代位求偿机制。土壤修复基金应当形成由环境保护部牵头、其他各部门协同合作的机制,并成立土壤修复基金管理中心。

The situation of soil pollution is serious in China, and remediation for polluted soil needs massive financial support. The establishment of soil remediation fund is a common experience of governments in the world to undertake soil remediation. The Super Fund Law of the United States is the first legislation on soil remediation fund in the world and provides experiences and lessons to relevant legislations in China. The framework of Chinese soil remediation fund collection should be mainly based on the principle of ＂Who pollutes, Who controls＂ and partially based on the national environmental obligations and public participation in accordance with charitable funds. As the premise, soil remediation fund is used when polluters are reluctant to, or cannot, afford the soil pollution remediation, or polluters cannot be found and a compensation mechanism should be established. Led by the Ministry of Environmental Protection and other department cooperation mechanisms, the soil remediation fund should be formed and set up a soil remediation fund management center.